With the implementation of this bill aboriginal governments will have the power over the national concept of citizenry. As a matter of fact they will have the absolute power over the definition of who qualifies for citizenship.
What is the basis for creating a new brand of citizenship within Canada if it is not for the purpose of specifically defining new nations in Canada? For it is clearly within the purview of nations to have their own citizenry and the definition thereof. That is what nations are all about.
The exemption of the Charter of Rights and Freedoms from this agreement can also be understood in light of this new power over citizenry. Equality rights are defined in the charter under section 15(1) whereby all citizens of Canada have equal protection and benefit of the law without racial consideration. That is in our charter.
Any future aboriginal justice system as provided in section 14 of Bill C-34 would be in violation of our Charter of Rights and Freedoms since it would provide a judicial system for particular citizens based on racial considerations. It is in violation of our Constitution.
Is the federal government looking forward to legislatures and court houses which are reserved for those of a particular race? This is clearly where Bill C-34 is leading and therefore it must be the desire of the government.
Even the much hated Charlottetown accord included a provision whereby the Charter of Rights and Freedoms would apply immediately to the governments of aboriginal people-even the dastardly Charlottetown accord.
As demonstrated, this bill goes out of its way to avoid the charter. Otherwise the government would have to include a provision like the one that existed in the Charlottetown accord or conversely it would not have included section 8(1)(d) allowing aboriginals to draft their own charter.
This governing party, a party that drafted the charter and placed so much faith in its existence, is now willing to cast it aside in order to establish new nations, new governments, new homelands based on race. I must question the wisdom of this, considering third world nations that have been struggling with apartheid, with separation.
The power of taxation goes along with these expansive legislative and judicial powers. These new nations will have the ability to raise revenues through property and personal taxation. However, that ability is not limited to what is in this agreement. Further tax powers or exemptions may be negotiated with native governments at a later date. The power of taxation exists despite the presence of a financial transfer agreement. This represents a transfer of funds from the federal government that will maintain the present level of band funding, provide for incremental funding of self-government operations and will provide for land claim implementation funding.
Moreover, section 24 of the bill guarantees a blank cheque for the funding of any self-government operations. All of this funding plus $242.6 million is to be awarded over 15 years in general compensation. The tax base is very small. These new governments would be dependent on continuing financing from Parliament.
Perhaps it is through this measure that this government believes it may in fact exercise control over these new nations. However, I doubt Parliament could or would ever threaten to withhold funding since it has been perpetual through DIAND. Of course to withhold funding would be viewed as cruel and unusual punishment.
While they have been awarded vast legislative powers, control over resources and powers of taxation, these new nations will remain dependent upon the federal treasury. This agreement does little to break the cycle of financial dependency in which aboriginals have become entrapped.
Continued funding from the government will in no way put aboriginals on the same economic level as all other Canadians. This agreement represents profound political emancipation but fails to address the issue of aboriginal economic disparity.
Finally, another issue of importance in this process is the interest of third parties. Who speaks for the non-natives in this agreement? Those who may be affected by settlement claims or self-governing powers have not been included in the negotiations. Neither non-natives, members of the public, MPs nor MLAs have any say in the proceedings which have led to the existence of this unprecedented document.
Moreover, the government has ensured that in the future bills such as the one before us today will not even come to this House for consideration or debate. They will not even get to this House.
Clause 5(2) of the bill states that any self-government agreement reached between the federal government and the remaining 10 Yukon bands shall come into effect only by means of an order in council. A government that promises openness and transparency is now committed to establishing new nations in the Yukon by way of the secret workings of cabinet. Does this sound familiar?
If these agreements are in the best interests of Canadians, why then does the government include clause 5(2)? What is the government afraid of in not allowing an informed debate to occur in this House on future settlements? I believe that as demonstrated in the past, this government is afraid of the question: How? How is self-government going to work? How will the government protect democratic freedoms enjoyed by the native people to date? How will the government ensure that the rights and freedoms of these new aboriginal citizens will not be extinguished?
The government cannot and will not answer these questions. It blindly allows for the creation of new constitutions which create new legislatures, new judicial systems, new rights and freedoms and new citizens. Ultimately, this leads to the formation of 14 new nations within the Yukon alone, 14 nations within our nation of Canada.
The precedent Bill C-34 sets for future self-government is astounding. With the implementation of Bill C-34 and the incredible amount of power vested in these new aboriginal governments, what other aboriginal band would settle for less than Bill C-34? With some 600 aboriginal bands across Canada, each demanding self-government, the potential for a patchwork of 600 new nations in this country is very real under the terms of this agreement.
Again I must question the government on its rationale for allowing new constitutions, new legislatures and new citizens to be created within this one nation, this great nation of Canada. Is this nation, this Constitution, this Parliament, this Canadian citizenry so inconsequential that it may be tossed aside in
favour of new legislation, new legislatures, a new Constitution and new citizenship?
Is our existing law so inconsequential? Is this the message the federal government is trying to deliver to the Canadian people, considering that a separatist party sits in official opposition? Is this the message?
William Lyon Mackenzie King said this in this very House. He reminded us that a divided Canada can be of little help to any country and least of all to itself. We should ponder those words very carefully.
Opposing Bill C-34 may not be politically correct in the eyes of those who support this bill. As a servant of the Canadian people, I am duty bound to question the necessity of this bill and the possibility for founding new nations within this one nation of Canada.
Therefore I and the Reform Party must oppose Bill C-34.