Mr. Speaker, it is a privilege to rise on behalf of the constituents of Okanagan-Similkameen-Merritt to oppose Bill C-107, an act to establish the British Columbia Treaty Commission.
Bill C-107 is a fine piece of legislative engineering in theory. The is are dotted and the t s are crossed. It has been translated in both official languages. It has been printed and distributed in incomprehensible legalese. However, there are three important issues that call this legislation into question. First, 23 per cent of the Indian nations are not involved, which constitutes 31,682 individuals.
Second, the public at large, which constitutes the majority of British Columbians, 3 million people, is left out of the negotiations. There is no room for its input into the process, nor are there provisions for a grassroots referendum of all British Columbians to ratify any negotiations. These two issues must be addressed. They are vital to the continued well-being of the people and the economy of Okanagan-Similkameen-Merritt.
Third, no substantive amendments can be made to help correct the above mentioned deficiencies in this legislation.
Let us look at each one of these points. Twenty-three per cent of the B.C. Indian nations are not in the B.C. Treaty Commission process. These include the Okanagan Tribal Council, consisting of Indian bands from Osoyoos, Penticton, Upper and Lower Similkameen and Okanagan, and the Upper and Lower Nicola Indian bands and the Nicola Valley Tribal Council.
In other words, the Indians in my riding do not recognize the B.C. Treaty Commission as facilitators of land claims. The Indians within the Okanagan-Similkameen-Merritt riding have been actively stepping outside the law to attempt to claim jurisdiction over land.
Currently they are threatening violence over the Green Mountain Road. They have been digging trenches along the road and are wearing camouflage fatigues in true Oka and Gustafsen Lake style. This form of confrontation is not new to the Indians in my riding. Over the past couple of years numerous incidents such as the Apex ski resort blockade have shown that formal civil negotiations outlined as the duties of the B.C. Treaty Commission are redundant and irrelevant to the Indians in my riding.
Currently they are in court fighting the B.C. government over ownership of Green Mountain Road. They say they will enforce a blockade of the road, win or lose. They claim they are willing to fight and die for this road. The rest of my constituents feel the same way the Indians do. In a survey conducted over the summer, 72 per cent of those responding were opposed to the continuation of the B.C. treaty process.
This fall I approached the Minister of Indian Affairs and Northern Development a number of times to encourage him to come to Penticton to help resolve this situation. On October 23 I wrote the minister on humanitarian grounds to tell him that a dispute between the B.C. government and the Penticton Indians was escalating. A roadblock was being threatened. In the letter I asked him to go to Penticton on October 28, not as a negotiator, not as a mediator, but as a sign of good faith to the people of Okanagan-Similkameen-Merritt to try to get these people back to the negotiating table.
I did not receive a letter or a response from the Minister of Indian Affairs until today, November 28. He said that it would be inappropriate for him to become involved, despite the effect this dispute is having on the communities in my riding. He said he will leave it to the province to negotiate with the Penticton Indian bands.
This is pure nonsense. This is pure balderdash. The abdication of the constitutional responsibility by this government, which is responsible for Indians and land reserved to Indians, is totally unacceptable.
To make matters worse, today I also find out that the Minister of Indian Affairs this past weekend was in Kamloops, a three-hour drive from Penticton. The minister did not even have the courtesy to talk to the mayor of Penticton, to the Penticton Indian band, or to any of the provincial people in the area. This again is totally unacceptable.
I have a letter from the minister to the mayor of Penticton dated August 21, 1995. In the letter he makes it clear that this road is still federal property, not the property of the province or the Indian band. So why will the minister not get involved? The Minister of Indian Affairs is running out of excuses, and he always has them.
When there is a roadblock up, he says he will not come to Penticton when there is a roadblock up. When the roadblock is down, he says he will not come to Penticton when there is nothing to talk about because there are no roadblocks. When there is a court case going on, the Minister of Indian Affairs says he will not come to Penticton because there is a court case going on. But when there is no court case on the table, the minister still refuses to come to Penticton and talk to the people and get the negotiation back on the tracks.
The only thing I have not heard from this minister is that he cannot come to Penticton because he has to go to the parliamentary dining room for a sandwich. I do expect I will get that excuse as well.
The third problem with Bill C-107 is that the Reform Party would like to make a number of amendments on behalf of their constituents. I can bring to the table two deficiencies, which I have previously spoken about. One example that comes to mind would be an amendment to make the Union of British Columbia Municipalities a fourth negotiating power alongside the federal government, the B.C. government, and the B.C. summit. This would provide a forum for the interests and concerns of millions of British Columbians excluded from the current process.
With such a large proportion of B.C. territory up for grabs, the interests and concerns of the grassroots British Columbians must be heard and must be addressed.
Making an amendment of this nature is impossible. Bill C-107 is based on a 1992 agreement between the federal government, the B.C. government, and the B.C. Indians. This agreement is absolutely cast in stone and it contains absolutely no amending formula. All legislation that enacts the provisions of the agreement is therefore closed to amendments as well. No amendments are possible to the bill.
What has happened to our parliamentary democracy? As member of Parliament for Okanagan-Similkameen-Merritt, one of my primary responsibilities is to review, debate, and if necessary amend legislation based on the wishes of my constituents. Our whole parliamentary process is set around these very important functions.
Bills go through three separate readings, a committee hearing, and a final report stage in the House of Commons to ensure that all members of the House and members of the public have had time to analyse legislation for faults.
There are a number of opportunities for members of Parliament to bring forth amendments based on the concerns of constituents and the Canadian public. The process is then repeated in the Senate. This process is not perfect. Governments can refuse amendments. This Liberal government is particularly noteworthy in this regard. Governments can also rush legislation through the House without adequate debate. In this regard, the Liberal government's track record is appalling and a disgrace to the parliamentary legacy of our forefathers.
Despite the lack of respect the Liberals have for our parliamentary democracy, this system can be made to work. However, with Bill C-107 there is no opportunity for members of the House to offer amendments to this piece of legislation. I must ask, why are we even bothering to debate this legislation? The concerns I have for this bill are falling on deaf ears. It is shocking that the Liberals have the gall to even present this bill in the House. It might as well have gone straight over to the Governor General for his approval.
Bill C-107 usurps the power of Parliament in a most undemocratic manner. Parliament has become just a rubber stamp for the whims of this Liberal government. The elected members of the House are powerless to do their jobs. Every piece of legislation must be open to amendment by elected representatives. This is the very essence of our democracy. The alternative is a Liberal dictatorship.
It is time for this government to restore some honour to the House by removing this bill from the Order Paper. The three treaty signators must go back to the negotiating table to make a new agreement, which will allow the interests of all British Columbians to be heard.
The people of Okanagan-Similkameen-Merritt have instructed me to oppose Bill C-107.