Mr. Speaker, I rise on behalf of the people of Okanagan—Coquihalla to speak on Bill C-49, the first nations land management act.
The bill has special significance for the people of Okanagan—Coquihalla, as my riding is home to the West Bank Indian Band, one of the 14 first nations that will be affected if the legislation passes.
The legislation will have a major impact on both native and non-native residents living on West Bank lands. Currently the federal, provincial and West Bank First Nations have come to an agreement in principle that is even beyond the scope of this bill.
Having reviewed both the first nations land management act and the West Bank First Nations agreement in principle, I have two very serious concerns that I would like to share with my colleagues today and with the government.
First, the West Bank First Nation treaty process in principle was negotiated by federal, provincial and aboriginal parties without consulting the public.
In fact there was a veil of secrecy that surrounded the negotiations.
Second, preferential rights for certain Canadians to lands and resources are entrenched throughout the draft of this agreement based solely on race.
These two concerns are disturbing in a country such as Canada. Secrecy and preferential treatment based on ethnicity do not mesh with the spirit of democracy and equality before the law.
I would like to look at these two issues more closely. I believe the majority of the Canadian public and backbench Liberal MPs will agree these concerns warrant a rethinking of the way the government deals with land management issues.
The first paragraph in the agreement in principle states:
Until otherwise agreed to by the parties, this agreement and supporting documentation shall be treated as confidential by the Government of Canada and the Westbank First Nation, subject only to release to Westbank First Nation citizens for their consideration.
Now there is Liberal democracy in action. While consent by the Westbank First Nation through a referendum is required, the remaining population of Westbank will not be consulted.
According to Indian affairs statistics the Westbank First Nation is comprised of 517 members. Yet there are 7,000 non-natives on Westbank land. They are voiceless on this bill and this issue.
To make matters worse, the final Westbank agreement will be declared valid once approved by cabinet and the enactment of the legislation. Once the needed legislation is passed by parliament, the federal cabinet can simply move an amendment to the agreement leaving no room for democratic review.
By not consulting non-aboriginal residents, the resource industry and other interested parties, the Liberal government is demonstrating its Meech Lakian tendency to reject bringing democracy into the process of dealing with far reaching aboriginal land claim issues.
My second concern is that this agreement compounded by Bill C-49 creates inequality by granting special rights and privileges based solely on race. The Westbank First Nation made up of 517 individuals will be authorized to formulate its own constitution with sweeping powers. The 7,000 non-aboriginal residents will be largely excluded.
Will the law making power granted under this agreement, Bill C-49, undermine the Constitution? Is the rule of law so little regarded by our political leaders? From my reading of the agreement and Bill C-49, I would have to answer yes to both of those questions.
Take clause 37 in this bill:
In the event of any inconsistency or conflict between this act and any other federal laws, this act prevails to the extent of the inconsistency or conflict.
To me it sounds as though the rule of law and the supremacy of the Constitution are being disregarded. Bill C-49 will undermine the rule of law and the Constitution by granting to aboriginal people the right to create laws that will supersede those of the federal government.
Caught in the middle will be the 7,000 residents of Westbank who are non-native. They will lose their rights to be governed by the laws of Canada, subject instead to the laws set by the minority based on race. This is absolutely unacceptable.
Debating legislation that grants special rights and privileges to a select group is not something I imagined I would be debating when I became a member of parliament in 1993.
The land management powers given to the Westbank government will be extensive. It will have jurisdiction to manage, administer, govern, control, regulate, use, protect and benefit from Westbank lands. It will also be able to grant licences and control zoning in addition to controlling access to and trespass on Westbank lands. These are extraordinary powers given to a minority of people on Westbank land.
The law making process under Bill C-49 and the Westbank First Nation agreement also exclude the non-Indian majority living in Westbank.
Only Westbank citizens will be eligible to vote in elections for the Westbank Band Council. Westbank citizens will be those 18 years or older on the Westbank band list. The majority in most cases are non-ethnic first nations people and will have no vote on the laws of the Westbank band though they will be bound by those same laws. It appears to be taxation without representation.
The most these non-aboriginal people are entitled to is to making representations. I quote from the agreement in principle:
—representations to the Westbank government with respect to proposed to Westbank laws and proposed amendments to Westbank laws that directly and significantly affect such non-Westbank citizens wishing to make representation.
This flies in the face of the principles of democracy. How can the government espouse democracy and equality abroad while cultivating undemocratic institutions within our own borders?
Bill C-49 and the whole self-government process need to be brought back to the drawing table. Canada has thrived as a nation that has garnered international acclaim due to our quest for the principles of democracy, equality and rule of law. As a member of parliament with a number of Indian bands in my constituency I have worked hard to support economic development and educational development projects within natives communities. However, trampling the rights of the majority is not the right path to take and that is the path the Government of Canada has chosen.
The secretive and piecemeal fashion in which we are approaching land issues is a recipe for future discontent among all parties involved. The Department of Indian Affairs and Northern Development is part of the problem, not part of the solution. We need to build a new and brighter future and a better relationship between aboriginals and non-aboriginals. Aboriginal people need to be full and equal citizens empowered to manage their own lives without being marginalized. Bill C-49 is not the answer to this problem.