Mr. Speaker, as an associate member of the Standing Committee on Aboriginal Affairs and Northern Development for the Bloc Quebecois, I am pleased to speak again today on C-57, an act to amend the Nunavut Act with respect to the Nunavut Court of Justice and to amend other Acts in consequence.
My position and impressions with respect to Bill C-57 are really no different than the comments made at second reading. We were favourable then, and we are favourable now. Ever since this bill was introduced in the House, we have wanted to see it passed as promptly as possible.
The purpose of Bill C-57 is to amend the Criminal Code so that it reflects the realities of the new territory of Nunavut and to make it possible to establish an operational government before April 1, 1999, the territory's official launch date. It is therefore very important for this bill to be passed so that the people of Nunavut may be prepared and equipped with all the necessary tools to be equal to the challenge of this new government.
Bill C-57 is part of the process that began in 1992 with the territorial land agreement setting out the legal and political framework of the new territory of Nunavut. Approved in 1993, the creation of Nunavut is supported by Bill C-39, which we debated in the House last year and which provides for the holding of a legislative election, while facilitating the transition and legitimizing the process. Bill C-57 is part of this ongoing process. It is the last building block, as it were, in the political and legal structure that will allow the inhabitants of this territory to at last be ready for April 1999.
We are on the threshold of 1999. It is high time to give the inhabitants of Nunavut all the political, and more particularly in the case before us today, all the legislative instruments they will need. This will enable them to have a court that meets their needs and that is closer to them. The creation of a trial court, as provided in Bill C-57, is vital to full government autonomy.
Since Newfoundland joined Confederation in 1949—I said “Confederation” but I should have said “federation”, because we know that the successive federal governments, without any consultation, threw out Confederation and replaced it with a federation.
Since 1949, Canada's borders have not been changed. This indicates clearly just what a historic moment the creation of Nunavut represents and also explains the importance of its creation to the people living there. The Northwest Territories will therefore be divided into two separate entities.
Nunavut covers some two million square kilometres and is north of the 60th parallel. It is divided into three regions and includes 28 communities. Eighty per cent of the population is Inuit. “Nunavut” is a lovely word from their language meaning “our land”.
Needless to say, life in the Canadian far north is very different from life as we know it in our big cities. The size of the territory alone explains the need to pass legislation more suited to these northern communities' needs and realities. I firmly believe Bill C-57 meets that need.
With the establishment of a single level trial court and the broader powers accorded it, the judges will be more versatile and better able to meet the specific needs of the people of Nunavut.
I would like to repeat that the Bloc Quebecois supports Bill C-57, which enables thousands of native people to move closer to solid, viable and more relevant self-government.
Bill C-39 passed in the House last year permits the Inuit in Nunavut to administer their land through a legislative assembly elected by universal suffrage. We supported the bill at the time. It gave form to more than 25 years of negotiations and enabled the Inuit, a great people within Canada, to take their place on the continent by controlling their own destiny.
Bill C-39 provides for a transition period and for the powers of the federal and territorial governments to be devolved to the Nunavut territorial government. This legislation also amends the Constitution Act, 1867, so that the people of this territory will be represented in the House of Commons and the Senate.
It ensures that representatives of the Inuit of Nunavut will be able to serve their constituents in an operational legislature as soon as their territory is officially created.
While Bill C-39 dealt with many issues, some of them must still be addressed to ensure the proper functioning of the new territory at the political and legislative levels. Indeed, much work remains to be done between now and April 1, 1999. That is why it is essential that Bill C-57 be passed as soon as possible to complete the establishment of the territory's legal and administrative components.
In order to be ready by April 1999, Nunavut must have at its disposal all the necessary legislative instruments now. This is what Bill C-57 is all about, and we support it. The transfer of certain territorial and federal jurisdictions to Nunavut is not a simple matter, but it is nonetheless vital and meets the needs of the far north.
This bill establishes a single level trial court system for the territory of Nunavut. This tribunal, to be known as the Nunavut court of justice, is established to provide an efficient and accessible court structure capable of meeting the unique needs of Nunavut, while at the same time maintaining rights equivalent to those enjoyed elsewhere in Canada.
In concrete terms, this means that the new Nunavut territory will now have its own court of justice. This court of justice will replace the Supreme Court of the Northwest Territories as the superior court, and the territorial court as the lower court. Bill C-57 makes further amendments to the Nunavut Act, passed in 1993, when the Progressive Conservative Party was in power.
The bill also amends the Judges Act to provide for three superior court judges on the Nunavut court of justice
The senior judge of each of the three territories must be a member of the Canadian Judicial Council. Indeed, given the expanded jurisdiction of that tribunal, it is important to make sure that the judges will be competent to hear cases from the lower and superior courts, with the exception of those cases that come under the jurisdiction of specialized and administrative tribunals.
The bill also amends the Criminal Code to provide for new procedures for the court of justice and it includes a whole range of legal considerations. The creation of this court of justice will ensure a flexible and efficient legal process for the whole territory of Nunavut. By making the court competent to hear any case, whether it involves a minor wrongdoing or a serious criminal offence, we give the people of the territory access to a service that is more consistent with its reality.
From now on, when a judge travels to some small community in Nunavut, he will have broader powers. It must be understood that the multiplicity of jurisdictions, in other words a multifaceted court system, useful in high density urban centres, is not necessarily useful in the proper administration of justice in a territory such as Nunavut. This is why legislation must be passed on this issue and to permit the necessary changes to be made to the various laws that, up to now, have granted various jurisdictions authority to hear various cases.
Bill C-57 provides the changes needed for the establishment and operation of this court of justice, and it also meets the wishes of the promoters of self-government.
I add that we support the bill and that we will continue to support the principle of actions that, like Bill C-57, enable peoples to find the tools they need to reach their full potential.