Mr. Speaker, I am pleased to participate in the discussion of Bill C-49, an act providing for the ratification and bringing into effect of the framework agreement on first nation land management.
I listened with interest to my friend who represents an adjacent constituency to mine. As in all matters I certainly respect his views and appreciate all the work he has done. I have been very supportive of a number of initiatives he has taken. I suspect my comments may be somewhat in opposition to his. On the other hand I acknowledge that many of the points he makes are the concerns of people certainly in the areas that he and I represent.
As my friend indicated, I believe the issues surrounding the relationship of aboriginal and non-aboriginal peoples will probably be the most crucial issue in the early part of the 21st century. We are beginning the long process of enabling first nations peoples to take their rightful place in Canadian society. The sooner we see the demise and ending of the Indian Act, the sooner I will be happy.
I always thought it was very ironic that a copy of the Indian Act has a longer title in brackets which reads “an act respecting Indian people”. If ever there were a piece of legislation that did not respect Indian people, it is the Indian Act of Canada. We all agree that the patronizing nature of the Indian Act should be replaced as soon as possible. Replaced in what way is what this discussion and debate is all about.
From my perspective and that of my party and of the hon. member for Yukon, our critic, Bill C-49 is a step forward in bringing self-government to a number of first nations.
There is a great deal of misunderstanding surrounding the issue of self-government. There is a great deal of misinformation being circulated about self-government. I do not suggest for a moment that people are doing this or being motivated for anything but the right reason. Sometimes I am suspicious of that. Nevertheless, it is a difficult issue to discuss because of the varying interpretations of self-government.
When first nations' people are asked what self-government means there are many variations and definitions. I do not expect we will ever find ourselves in a position where we will agree on a single definition of self-government.
In terms of moving to the principle of self-government and how it might be defined differently from place to place in Canada, this is a major first step. It would replace the Indian Act and the minister's discretion under that act for these 14 first nations.
There is something rather insidious about a country where a minister of Indian affairs and northern development is asked to make decisions on probably an hourly basis about the lives of first nations people. I just got off the telephone moments ago from talking to an individual who is doing business on an Indian reserve in the constituency of Kamloops, Thompson and Highland Valleys. He asked me to intervene with the minister of Indian affairs to have her approve a certain element of economic development.
I thought it an odd situation that a minister or a bureaucrat sitting in Ottawa would be required to sign off on a small piece of economic development in a distant Indian reservation in British Columbia. What kind of goofy system is that?
The bill is an attempt to get away from that goofiness and to suggest that as smart as the minister Indian affairs is she probably does not know much about running a little economic development project on the edge of the Shuswap Lakes in British Columbia. The fact that it requires her signature to begin this project reflects the sort of lunacy of the way the system presently operates.
This is a step in the right direction. Others perhaps may not think so. It gives first nations law making powers with respect to their land and resources, including the development, conservation, protection, management, use and possession of land. The first nations, however, will not be able to sell their land but may develop or lease it to others. The first nations may acquire land for community purposes. That is an obvious thing to do in a free country. The bill sets out conditions for accountability between first nations and their various members.
The government retains fiduciary responsibility. I appreciate fiduciary responsibility is something that the federal government has under the Constitution of Canada, but therein lies one of the problems. I do not suppose this will change very much. It is a redraft of Bill C-75 from 1996 which died in the last parliament.
The first nations involved are from a number of provinces: British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and New Brunswick. If I were to identify two or three key points, the first would be that this is an important step in the building of self-government for aboriginal peoples across the country.
A significant issue has been the status of women in the matrimonial home on reserve land upon the dissolution of marriage. The B.C. Native Women's Society and other individuals are pursuing opposition to the framework agreement through the courts at this time. Hopefully when the bill gets to committee we can find ways and means of addressing their concerns. If not perhaps we have to relook the whole issue.
Another issue is non-native people who lease homes on reserve land are unable to vote for those who will be able to make laws which affect them. That is a reflection of the concern expressed by some of the previous speakers earlier today about the rights of non-aboriginal individuals who presently live on Indian reservations and therefore will not have an opportunity to participate in decision making of the band. This is a problem. There is no question about that. It is something that needs serious examination once the issue gets into committee.
My hon. colleague from Saskatoon presented in a very articulate and clear way the reasons we support the bill and some of our very serious concerns at this point. However I want to add one or two short points. Contrary to some comments being made by some of my colleagues, section 15 of the charter which guarantees equality applies to reserve lands and first nation laws. First nations are not above the Constitution of Canada.
Bill C-49 protects the rights of women during marital breakdown. Clause 5(4) of the framework agreement and clause 17 of the bill require the 14 first nations in cases of marital breakdown to establish rules and procedures dealing with two basic rights: the right to possession of the matrimonial home and the right to division of property.
This has been a bone of contention for many years, particularly when it comes to women, and the legislation attempts to address the issue. Whether or not it is adequate remains to be seen. We will see what happens in committee when we hear from some of the witnesses.