Mr. Speaker, it is my great pleasure to speak on Bill C-107.
In the House we are usually pressured to deal with immediate problems. We get representations from constituents about existing problems and they want immediate solutions. This is one of the rare opportunities we have in this House to pass this bill and build for the long term health of Canadians, particularly young aboriginal Canadians.
It is also fitting to be here with the member for Vancouver Quadra. Both of us were in Beijing. At that meeting a platform of action was adopted. It particularly acknowledged the importance of including the aboriginal communities in decision making specifi-
cally recognizing their knowledge of environmental management, addressing their right to education, to ensure equal access to health care and to acknowledge traditional health care. It is an important step. Around the world people are talking about giving aboriginal peoples the tools to do what they need to do.
One of the key commitments made by our party in the last election was to act on implementing the inherent right to aboriginal self-government. We did so because we saw the place of aboriginal peoples in Canada as a litmus test for our belief in fairness, in justice and in equality. Sadly, it is a test which we as a nation have too often failed.
In the red book we promised to implement the inherent right of aboriginal peoples to govern themselves by negotiating self-government agreements. On August 10 we delivered on that commitment. We released our policy on aboriginal self-government and presented the principles which will guide the negotiations. This is a pragmatic and practical policy, one which we believe will work.
One of the key reasons we think it will work is that it is the product of some 18 months of consultation with aboriginal groups, provincial and territorial governments, as well as others on what they thought our policy should be in this area. In co-operation with provincial and territorial counterparts, our policy aims for direct negotiations with aboriginal people in their communities on issues directly affecting their lives.
As a government we believe the time has come to stop the endless, fruitless debates about how many angels can dance on the head of the constitutional pin and get down to negotiating practical, pragmatic and realistic arrangements that implement the inherent right of self-government. Our approach is new but it is animated by principles as old as our country, principles of respect, of tolerance, of fairness and of compassion.
In the case of British Columbia the policy provides that negotiations on self-government will take place at the same table as discussions on land and resources. The process and structures already in place for treaty negotiations and confirmed by Bill C-107, the British Columbia Treaty Commission act, will also be used to negotiate self-government issues.
These two sets of discussions, self-government on the one hand and land and resource uses on the other, complement each other perfectly. It means that for the first time the parties will be able to have all of the issues dealt with at one table under one set of negotiations. This will be more cost effective, something I am sure members of the third party will herald as a great achievement. It eliminates overlap and duplication and permits a much more comprehensive approach to achieve progress, something I also hope they will herald. We are committed to ensuring that the same principles and practices of openness which have characterized the B.C. treaty making process will also be applied to the self-government decisions and discussions.
There seems to be some confusion on the part of members opposite, particularly in the third party, as to just what our inherent rights policy is all about. Let me lay down the main elements so they can see for themselves how the BCTC process can be utilized to negotiate fair and meaningful self-government agreements.
As a government we propose to negotiate self-government agreements with aboriginal groups and the province or territory concerned. These negotiations and the agreements they produce will be based on a number of principles.
We begin with the premise that the inherent right of self-government is an existing aboriginal right under the Constitution. What does that mean? It means we will recognize that aboriginal peoples were self-governing before the arrival of Europeans and that they never gave up that right to govern themselves, even though that right has been ignored or suppressed for many years.
Because this right is in the Constitution, it is enforceable in the courts. Litigation, as we know, is lengthy and costly and often serves only to create conflict rather than engender understanding. It can discourage a willingness to work together as Canadians to build a better, stronger future for our country. Is that not what we are here to do?
In the end, it is unlikely that the courts would go much beyond providing broad principles, leaving the details of self-government to be negotiated by the parties who would have to live with those agreements anyway. It is far better, this government believes, to negotiate practical ways of implementing this right at the outset, tailoring each agreement to the unique circumstances of each community or region.
Bill C-107 is not a one size fits all exercise. That approach has been tried and it only led to gridlock and frustration on both sides. What we need is an agreement and a process that is flexible enough to accommodate the diverse needs of diverse communities. This policy will do that.
The second guiding principle in our negotiations is that aboriginal self-government will be exercised within the existing Constitution. As a consequence, the right of inherent self-government does not include a right of sovereignty in the international law sense and it will not result in independent aboriginal nation states.
Our goal is to enhance the participation of aboriginal people in Canadian society, not place them outside of it. The policy will not create little enclaves dotted across the country. It will provide aboriginal people with the tools they need to manage their own
affairs and realize their own potential. It will mean an end to conflict and it will open the door to progress for all Canadians.
Third, the charter of rights and freedoms will apply to aboriginal governments as it does to all other governments in Canada. This of course makes sense only if we are talking about protecting rights within Canada.
The fourth principle is that federal, provincial, territorial and aboriginal laws must work in harmony.
While we are prepared to negotiate a wide range of powers, there are some areas that must remain with the federal government. As a general principle, matters which are integral to the aboriginal culture or internal to the aboriginal group are open for discussion. These might include areas such as education, health care, policing, natural resource management, agriculture, the establishment of governing structures, internal constitutions, elections and a leadership selection process.
However there are a number of areas where there is no compelling reason for aboriginal governments to exercise law making authority. Those areas include matters relating the Canadian sovereignty such as international diplomatic relations, foreign policy, national security and defence, international treaty making, immigration and international trade.
It includes as well matters affecting the fundamental national interest such as the management and regulation of the economy, the banking system, currency or broadcasting, postal service, the emergency and peace, order and good government powers and to matters relating to the maintaining of law and order such as the Criminal Code.
While this is a federal policy, we know we cannot go it alone because many of the jurisdictions contemplated by this policy are provincial. It is essential to have the territory or province concerned involved in the self-government negotiations. Its involvement will be crucial to the ultimate success of the process.
Not only do the provinces have jurisdiction over many of these areas, they also bring with them invaluable expertise in their administration. Having the three parties at the same table will allow new aboriginal systems, such as education, to be harmonized with existing provincial structures and minimize conflict down the road so as to create the best possible aboriginal governments. I am sure that is something we all agree with.
Fifth, where all parties agree we are prepared to protect rights and self-government agreements in new treaties. Finally, the government has made it clear that all funding for the negotiation and implementation of self-government agreements must come from existing resources. There will be no new money.
I have outlined the principles that will guide our discussions. As a government, we believe that they are both fair and realistic. We believe they provide a solid foundation on which to build. We believe they advance the rights of aboriginal people in a way which also protect the rights of all Canadians.
I have spent some time discussing inherent right because I am pleased to report that those involved in the B.C. treaty process have endorsed our self-government policy. Chief Joe Mathias of the First Nations Summit said that the new policy "means finally we have an important initiative that will bring First Nations into the 21st century".
Surely that must be our goal. With this bill we can begin to create the certainty that will encourage economic growth. We can provide the aboriginal people of B.C. with the tools we need to create the future they deserve.
We can move beyond the adversarial postures of the past to a new relationship based on mutual respect, trust and understanding, a new relationship that reflects the true Canadian values.
Some 50 per cent of all the aboriginal peoples in our country are under 25 years of age. It is an important point if we are to address their needs and make sure they have the systems in place to be the best they can be so that Canada can ensure them a long and successful future. It is an important point because all too often we talk about how we believe our young people are one of our greatest resources. Yet we do not always put our money where our mouth is in terms of implementing policies that will allow them to be just that, our greatest resource. We must do that more and more.
I am pleased to support Bill C-107 and encourage all parties in the House to pass it quickly and to agree with us in our position.