moved that Bill C-16, an act to approve, give effect to and declare valid an agreement between Her Majesty the Queen in right of Canada and the Dene of Colville Lake, Déline, Fort Good Hope, Fort Norman and the Metis of Fort Good Hope, Fort Norman and Norman Wells, as represented by the Sahtu Tribal Council, and to make related amendments to another act, be read the second time and referred to a committee.
Madam Speaker, I rise to address the House on Bill C-16, the Sahtu Dene and Metis Land Claim Settlement Act. I am honoured and pleased to have the opportunity to speak in support of this bill. I urge hon. members to give this legislation their strong support and quick passage so that the Dene and Metis people of the Sahtu region can begin now to build a better future.
This agreement has been many years in the making. The Dene of the Mackenzie Valley filed a comprehensive claim with the federal government in 1976 and the Metis filed a claim the following year. These were among the first claims received after a Liberal government decided in 1973 to end the 50 year hiatus in treaty making in Canada.
This was the right decision. It avoided potentially protracted and expensive litigation. Court decisions have indicated that the best way to resolve land claims is through negotiation. Some 20 years later the settlement of outstanding land claims is an objective this government will be pursuing with a great deal of energy and commitment in the coming months.
The clear definition of aboriginal rights to land and resources is a crucial foundation for the long term success of self-government and the future aspirations and prosperity of dozens of aboriginal communities.
With that in mind we need to move quickly to clarify land and resource ownership in those regions of Canada where aboriginal right to land has not been satisfactorily dealt with, and we are committed to do so both through existing channels and with new approaches to resolve land claims.
We made clear our commitment to address outstanding land claims in "Creating Opportunity: The Liberal Plan for Canada". On page 96 of that document there is a very clear and concise statement of this government's intention toward aboriginal people: "The priority of a Liberal government will be to assist aboriginal communities in their efforts to address the obstacles to their development and to help them marshal the human and physical resources necessary to build and sustain vibrant communities".
Comprehensive land claim settlements take us a long way toward accomplishing this goal. By ensuring certainty of land ownership and providing fee simple title to large areas of land they remove some of the most significant obstacles to the economic development and diversification of aboriginal communities.
By affirming resource ownership and rights and by providing monetary compensation they give aboriginal beneficiaries the means to become self-reliant. By formalizing aboriginal participation in the decision making process, land claim settlement agreements enable aboriginal people, people like the Sahtu Dene and the Metis, to regain a measure of control over their lives and to restore pride and self-respect in their communities.
The Sahtu claim was the second regional Dene and Metis agreement to be signed. A land claim agreement with the Gwich'in was finalized in July 1991, promulgated to December 1992 and is now being implemented.
The fact that we are addressing Bill C-16 today is testimony to the perseverance, strength and character of the Sahtu Dene and Metis.
I am particularly pleased for the elders among these two aboriginal groups. These individuals have suffered the longest, worked the hardest and provided the guidance and leadership that has brought this agreement before the House. They give the younger generations reason for hope.
The result of those years of perseverance is a modern day treaty that fulfils treaty 11, signed in 1921. With second reading debate we are now at a critical stage in the settlement process.
Let me remind my hon. colleagues that this land claim agreement has been overwhelmingly endorsed by the beneficiaries. Eight-seven per cent of the ballots cast by the Dene in the ratification vote supported the agreement and 99 per cent of the Metis who voted supported the agreement. I would also like to point out that this is the first land claim agreement in which the Metis have had a principal role.
This agreement has also been endorsed by the government of the Northwest Territories which was a key player in the negotiations and which will play a fundamental role in implementing the agreement. It has been praised by non-aboriginal residents and business interests in the Sahtu region because it will finally lay to rest issues of land ownership and resource rights that have stymied development in the settlement area.
Now it rests with this House to move the settlement agreement forward. By passing Bill C-16 we will be approving, giving effect to and declaring valid this agreement between Her Majesty the Queen in right of Canada and the Dene of Colville Lake, Déline, Fort Good Hope and Fort Norman and the Metis of Fort Good Hope, Fort Norman and Norman Wells as represented by the Sahtu Tribal Council. We will also encourage resource development of the settlement area.
In the simplest of terms, Parliament is being asked to do its part to address the longstanding, legitimate land based claims of the Sahtu Dene and Metis and to help the north realize some of its economic potential.
We are being asked to ensure that their traditional lifestyles will not only survive but will flourish. We are being asked to put into action Canadians' commitment to share the potential of our nation.
I would like briefly to touch on a number of issues addressed in the Sahtu Dene and Metis land claims settlement that I know will be of interest to hon. members.
First, I want to make it clear that Bill C-16 provides that the Sahtu agreement will be a land claims agreement within the meaning of section 35 of the Constitution Act, 1982. This is extremely important because it means that the rights of the aboriginal participants to the agreement may not be arbitrarily affected or altered by any other person. However, this Constitution protection does not mean that the agreement forms part or alters the Constitution of Canada.
On the issue of land title, this agreement will give the 2,000 Dene and Metis beneficiaries collective ownership of approximately 41,000 square kilometres of land in the settlement area. On approximately 1,800 square kilometres of this area they will also own the sub-surface mineral rights. The Sahtu lands will be privately owned lands, not reserve lands under the Indian Act.
The quantum of land that was agreed upon in this land claim agreement is guaranteed to the Sahtu Dene and Metis forever. If any settlement lands were ever to be expropriated, which is extremely unlikely, they would be replaced with an equal amount of land elsewhere in the settlement area.
I can assure hon. members that the lands selected have a great meaning to the beneficiaries.
The settlement agreement encompasses territory that has been occupied and used by many generations of Sahtu Dene and Metis. Settlement lands include traditional hunting and fishing areas as well as lands of historic and spiritual significance to the Dene and Metis. They also include lands which would bring economic benefit to the Dene and Metis. Subject to existing mineral interests, the Sahtu Dene and Metis will decide whether and how to explore and develop any sub-surface resources that they might own.
In addition to these revenue generating opportunities, the beneficiaries of this land claim agreement will seek payments totalling $75 million in 1990 dollars over the next 15 years.
These lands and these funds combined with a share of the resource royalties from projects in the Mackenzie Valley will give the Sahtu Dene and Metis the financial resources to support their own economic development initiatives. The money may also be used to support social, cultural, educational and political initiatives.
Most important, it will be used as the beneficiaries see fit. They, rather than the government, will have an increased say in how their communities are to develop.
A number of provisions of the agreement acknowledge the rights and interests of non-aboriginal people in the settlement area. For example, any third party rights, titles and interests that already exist on Sahtu lands when this legislation comes into force will be protected. As well, because the parcels of settlement lands are so large, there are provisions to allow access to the lands under certain circumstances by persons who are not Sahtu Dene or Metis. For example, members of the public may cross settlement land in order to exercise a right, interest or privilege on crown land that is adjacent to the Sahtu land.
In all cases, however, access to settlement land will be based on the conditions that no significant damage will be done to the land and that there will be no interference with Sahtu Dene and Metis use and enjoyment of their land.
I am pleased to note that the land claim agreement acknowledges the traditional subsistence lifestyle of the majority of the Dene and Metis in the Sahtu region. It guarantees them special wildlife harvesting rights in the settlement area, including the exclusive right to trap. The agreement also provides for compensation where developers cause provable damage to property or equipment used in harvesting wildlife or a loss of income from wildlife harvesting.
It also recognizes the importance of expanding the economic horizons for aboriginal people in the north. Toward this end, the agreement provides for economic development opportunities related to guiding, lodges, naturalist activities and commercial fishing.
For example, throughout the settlement area the Sahtu Dene and Metis will have the first opportunity to obtain new licences for commercial opportunities in wildlife harvesting, guiding and outfitting, naturalist activities and the keeping and breeding of wildlife species native to the settlement area.
The aboriginal beneficiaries will also be looking for employment and business opportunities that will arise once third party resource development projects get under way. The historic involvement of the Sahtu Dene and Metis in the Norman Wells project puts them in an excellent position to take advantage of opportunities that are expected to emerge in the oil and gas sector.
Madam Speaker, the passage of Bill C-16 and the coming into force of the Land Claim Agreement will give the Sahtu Dene and Metis the opportunity to be really involved in the making of decisions which will have an impact on their environment and way of life.
Under this agreement, they are guaranteed a 50 per cent representation on all agencies concerned with renewable resource management, land development, and regulations regarding land and water use in the area covered by the agreement. Moreover, they will sit on the Mackenzie Valley Impact Review Boards.
Federal, territorial and municipal laws will apply to the Sahtu Dene and Metis and their land. However, if there is any conflict between those laws and this agreement, the agreement will apply.
I am pleased to note that an arbitration panel will be established under the terms of this agreement so any disputes that arise can be settled without involving the courts.
The agreement also provides a framework for negotiating self-government. I know that many Sahtu Dene and Metis are looking with hope and confidence to the day when they might exercise jurisdiction in such areas as education, language, taxation, health and social services and the administration of justice.
We are proceeding with this land claim at this time for three basic reasons. The first is that an agreement has been signed on behalf of the crown and we are determined to live up to past commitments and to uphold the honour of the crown. Second, the agreement reflects the aspirations of the Sahtu Dene and Metis and addresses their legitimate claims. This agreement will guarantee a secure land and resource base for economic development and self-government. The third reason we are proceeding is because the resolution of outstanding land claims has become a priority for all Canadians.
This initiative has the support of people from coast to coast, aboriginal and non-aboriginal alike. Bill C-16 is clearly deserving of parliamentary support. I urge my hon. colleagues to do the right thing for the Sahtu Dene and Metis and the right thing for Canada by ensuring quick passage of this legislation.