Mr. Speaker, I am pleased to speak today on Bill C-56, the Manitoba claim settlements implementation act. When we look at the bill we see that it has two parts. The first part relates to the settlement of matters that arise from flooding of land and the second part is a means to facilitate the implementation of land claim settlements in Manitoba through the creation of new reserves or the addition of land to existing reserves.
I will highlight some difficulties with the second part that have arisen because of the treaty land entitlement process in Saskatchewan and that have been brought to my attention by rural municipalities and by people who are C-31 Indian people. There is some difficulty with that.
The flooding of course occurred when the Churchill River was developed for hydro projects and Indians living along the river lost the land they had lived on. They lived a hunting and fishing sustenance lifestyle. I have been there because I was involved in the development of those hydro projects as a land surveyor and parked out on the Hudson Bay at the mouth of the Churchill River and met some of the people who probably have been affected by this legislation.
We are talking about almost 12,000 acres of reserve land and over half a million acres of bordering non-reserve land in this project. That needs to be replaced so that the people can continue to make a life in the north. There has been some question about the method of arriving at agreement on the referendum raised by people from Norway House. They have charged there have been profound irregularities and vote buying. I call on the government to look into their charges if they have made them to the minister as well, because we do not want any question left when this is over that the right thing had not been done for the people at the time it was done.
We believe that the chief electoral officer should have authority over Indian governments in elections to ensure that they are fair and lawful so that there could be no question as to whether an election or a referendum had been held legally in all respects.
We do not have any proof of the allegations but they are serious allegations that need to be looked into.
The treaty land entitlement history is that in the western provinces when the treaties were signed, the treaty commissioners had searched the countryside for Indians at that time to determine their status, to set aside land for them and get their names. However, when the surveys were first done it was found that there was a shortfall in the number of acres that had been promised to each individual Indian. So at a specific point in time funds were set aside in Saskatchewan for bands to purchase land for descendants of those people for whom lands were not set aside at the time of the purchase. The amount they should have got at the first survey was 128 acres per person, which works out to 640 acres or one square mile for a family of five, more than sufficient for a family to earn a living.
Some of the current problems with the treaty land entitlement process that have come to my attention by way of Indians themselves who have brought this up are that the Indian register was used to obtain funds to purchase land at this point because there is not enough crown land left in Saskatchewan to transfer to Indian bands.
The band list, on the other hand, has been used to deny access to benefits. The band has control over membership of the list and has a safe list which is used to guard it from unwanted members gaining access to the band and to the benefits that flow to it.
That creates real difficulties for people who have a right to the benefits the band has obtained in their name. We need to ensure those band lists are not closed when benefits have been given to the band using their names.
The Reform Party has always felt that private ownership often should be made available for people who have a lifestyle different from the bands themselves. Imagine someone growing up in a major city having to move to a band in northern Saskatchewan, to a reserve, to enjoy the benefits that should be theirs as a result of the treaty land entitlement process. These people do not want to leave behind the schools, friends, relations, hospital services and all the services that are available in an urban community. They have not grown up on a reserve and they do not see themselves as a part of that process. They need a way to take advantage of the benefits set aside for them.
I would like to point out another difficulty that arises from the treaty land entitlement process. In Saskatchewan bands are free to buy from any willing seller at a price agreeable to both of them. The band then applies to have the land designated reserve status. Immediately the rural municipality has a reduced capability to collect taxes. I know there is an amount set aside which is supposed to generate enough interest to provide the services. However, when we come to the business of building roads across reserves, we find out that when we build a road up to a reserve or if we have driven these roads that have been built up to reserves, they are a completely different lower quality from across the reserve because it is not in the band's interest to spend its money on a road which is possibly marginal to its operation. This is happening throughout Saskatchewan.
Haul roads are being built across the province. They are designated as haul roads and known as super grids. They are necessary because railroads are being pulled up and rural elevators are being shut down. Consequently haul roads are assuming greater importance to rural municipalities.
When a budget is set up for a reserve an amount is set aside for road construction but there is no requirement for the band to spend the money as shown on the budget which is simply a document that states how the money has been given to the band on the basis of so many dollars. For example, when a rural municipality builds a road it identifies haul roads in agreement with other rural municipalities and the provincial government and funds are set aside for their construction. It receives 73% from the province. The rural municipality taxes its ratepayers to come up with the other 27%.
A rural municipality in Saskatchewan recently constructed a new haul road which crossed three miles of reserve land. The band did not participate in funding for construction which made the costs as follows. The federal government contributed 67%, the rural municipality contributed 33% and because the road was on the reserve, the province contributed nothing. The band also contributed nothing. This meant the rural municipality's portion rose from 27% of the total cost to 33% which represents an actual increase in taxes needed to build the road of 22%. That is a very large tax increase.
With the proliferation of reserves due to the treaty land entitlement process, bands are buying land all over rural municipalities as they have the perfect right to do but the reserves begin to have a checkerboard effect throughout the rural municipalities. Therefore when we are building roads we are continually coming across these sections with no tax base to support the construction of roads, never mind the maintenance of roads which includes gravelling, grading, snow clearing, weed control and that type of thing which falls under the road allowance.
Rural municipalities have asked me to tell the government about the situation they are facing. They are looking for the government to ensure that the money given to bands for road construction be used for road construction and not for other purposes as important and as laudable as they may be.
The band in question has agreed to supply gravel over the next few years until the value is arrived at, and that is a fairly enlightened viewpoint, but no band is required to do that. Bands have the ability to make the rules for road construction when the rural municipalities are bound more by the province and more by their own needs of their ratepayers, the farmers who farm the land, and must get to a delivery point or a market on the other side of a reserve. It is a very large problem that needs to be addressed and arises from the treaty land entitlement process. I trust the Manitoba government will take up the farmers' position on this so rural municipalities will not have to bear increasingly high costs of road construction as the checkerboard effect of small Indian reserves throughout the rural municipalities takes effect.
We agree with the intent of the legislation that land taken for road construction purposes should be replaced. The treaty land entitlement process is an historic process that is accepted policy in Canada. As such there is no point in fighting it. There definitely needs to be some review of the method by which the tax income for a rural municipality is replaced. Otherwise they will be taxed out of existence.