Mr. Speaker, I am pleased to rise today to speak to Bill C-30, which concerns powers accorded the Mi'kmaq of Nova Scotia in the field of education.
I know that many Mi'kmaq from Nova Scotia are probably listening to our speeches, because this represents a vital step in the right direction, in giving them control over their education. I will report on this later. Native people have told us that education was definitely a step toward self-determination, and I greet them as a brother.
First reading of this bill occurred on February 6. It transfers legislative and administrative jurisdiction over education. This means that the Mi'kmaq education council, which will comprise chiefs from the various signatory nations, will have control over education. Matters in this area will no longer be decided by officials in Ottawa. People in their respective communities will say “This is how we are going to manage education. This is how we intend to provide an education that reflects our culture. This is how we will enrich education with the Mi'kmaq language”.
So this is very important for them and for the nine of the thirteen Mi'kmaq nations in Nova Scotia that have signed the agreement already.
Usually, according to the bill under consideration, I say a few words in a native language, but today I tried to highlight the tales of the Mi'kmaq, the fabric of Mi'kmaq tales. It seems to me it is always important to start this way to provide a background on the way the Mi'kmaq react and view not only education but life as a whole.
For those who do not know, the word “Mi'kmaq” has a particular meaning. What does it mean? It means “people of the dawn” or “those the furthest east”. The first people in Canada to see the sun in the morning are the Mi'kmaq, the people of the east. So the notion of the sun is very important.
For them, the sun links the creator, man and the environment. It also provides an explanation of the origin of man and of the earth. There is often a very vivid image of the sun giving off sparks. The sparks give form to life.
The Minister of Citizenship and Immigration is very interested in what I have to say and I am delighted.
I now resume my comments. This spark takes three forms. There is one that disappears and decomposes after death, and one which transcends time, which ends up in the land and in the souls of men. The latter is called mntu and is considered by the Mi'kmaq to be the most important form. Finally, there is the spark that drives life, the good spark that helps people during their time on earth. All this is based on the concept that everything on earth is living.
To us, animals, plants and people are living things, but their belief goes further than that. People and plants are living, but so are bodies of water and animals. For the Mi'kmaq, all these entities have intelligence. That is why negligence is so discouraged by the Nova Scotia Mi'kmaq, as it is by many aboriginal nations. Negligence and waste are not common among aboriginals, precisely because of the great respect for all these sparks of life that make up the environment around them. They believe that the shell can disintegrate, but the mntu I mentioned earlier remains alive forever.
For them, a tree does not die. It will grow again on the spot where it fell. For them, an animal does not die. Its blood will seep into the ground and eventually bring about the animal's reincarnation.
This is important to any explanation of the Mi'kmaq philosophy. The legislation is perfectly consistent with the philosophy I have tried to explain.
The federal government is transferring its jurisdiction over education to the nine Mi'kmaq bands of Nova Scotia. I will list them all: the First Nations of Eskasoni, Membertou, Chapel Island, Whycocomagh, Wagmatcook in Cape Breton, Shubenacadie, Annapolis Valley, Acadia and Pictou Landing.
The convention leading up to this bill was signed on February 14, 1997 with the nine Mi'kmaq bands. Bill C-30 implements most of it.
The agreement is subdivided into several parts. One part addresses powers over education. What I said before still stands. Everything decided in Ottawa for the Mi'kmaq communities of Nova Scotia will, from now on, be decided by them. This involves transfers at the legislative, administrative and financial levels.
The financial aspect lends a degree of originality to the bill we have before us. Not only does it grant them full authority, but there is also a five-year plan, along with a transfer of some $150 million, which should have been a bit higher to include members who live off reserve. I shall get back to that later.
I wish to congratulate the nine groups that have signed the agreement and will now be associated in a school board on which the chiefs will be represented. The originality of Bill C-30 lies in the fact that there is an option that allows the four non-signatory communities to join the agreement at any time. If the government manages to come to an agreement with one of the four, that community can then join the agreement and be covered by the bill we have before us today.
This being a tripartite agreement, education normally being a provincial jurisdiction, the Government of Nova Scotia must pass legislation. I know that it is in the process of drafting the Mi'kmaq Education Act, and this should be in the final stretch, so that these people can take over control of their education.
I described this before as one step toward native self-determination. As we know, education is what enables all of us to achieve our full potential in life, and it is truly the gateway to freedom.
For the aboriginal people, education will open doors that have been closed to them until now. Chief Lindsay Marshall of Chapel Island, whose immense contribution I must acknowledge here, said something most interesting when he appeared before the standing committee on May 26. I quote: “Jurisdiction of education is a basic right that is enjoyed by all Canadians and a right that our Mi'kmaq nation has not exercised since the time of colonization of this country, 500 years ago”.
Phil Fontaine said he agreed totally with the fact that education was the path to self-determination. Generations of native people necessarily grow up with a system of education. It provides them with values, a culture and a language not their own. These people can never and will never be headed toward self-determination.
With the new reality before them, education will ultimately lead them to greater self-determination and to the preservation of their culture, language and heritage—all vital to native culture.
When these young people go to provincial schools, it is hard for them to speak Mi'kmaq and to take Mi'kmaq courses, because they are thrown together with non-native children. Now they can give their own language courses, teach their own Mi'kmaq culture and tales like the one I just told. They explain the origins of the Mi'kmaq, what they do, where they have gone, at what crossroads they may be.
We must not forget that, historically, we did all we could to deny the Mi'kmaq access to their culture, just as we tried to deny all aboriginal peoples the right to enjoy their own culture, language and heritage and to control their own lives. All that had been denied. Residential schools are a blot on Canada's history. They are the best example of the negation of native culture, language and heritage.
There, as in other parts of Canada, children were systematically taken from their families and placed in residential schools, all in the interests of assimilation. The ultimate goal was to wipe out native cultures and languages, to assimilate these people into Canadian society.
Many aboriginals who appeared before the committee told us that not only had this damaged their self-confidence, but it had also left them ashamed of their own culture.
There is no denying that the residential system was created to break the native culture, to assimilate it. In the end, it succeeded in crushing an entire generation of natives. With the help of God, the Creator as natives would say, we are trying to reverse this trend and recognize that there is a diversity in native communities and culture that will enrich Canadian and Quebec society.
An entire generation of natives was wiped out. This is a very shameful aspect of that era that was recently acknowledged by the minister in her reconciliation statement. She acknowledged that the residential schools were an appalling failure and that this concept should never have been developed.
I would now like to turn to another concept. Yesterday evening, during the infernal round of 80 votes that went on until 3 a.m., I read part of the royal commission's report. The concept of resettlement is one that has been underestimated.
The Mi'kmaq now listening know their history well. They are very much aware of how much they were victimized by their resettlement in Nova Scotia. By this I mean that certain communities were uprooted and moved elsewhere on all manner of pretexts.
The one that was used in Nova Scotia was administrative in nature. The public servants and Indian agents of the day said: “They are too spread out. It costs too much to deliver services all over the place”. In the early 1900s, complete communities were shut down, often with the help of the churches and the Hudson's Bay Company. The latter would more or less bring about the automatic death of a village by announcing the closing down of its trading post.
This forced the people to move elsewhere to survive. Native people relocated to Eskasoni, on Cape Breton, and to Shubenacadie, on the mainland. Both of these are signatories of the agreement before us today.
Theirs is a tragic history. Even though the federal government was involved at that time in an attempt to uproot the aboriginal culture, we must congratulate the Mi'kmaq who survived all this upheaval. Today at last, they are not only seeing the light at the end of the tunnel, they have also taken a giant step toward total self-government. When our education is in someone else's hands, taking control of it must be the first step.
Bill C-30 makes up to some extent for this past fraught with meaning for them. Naturally, the Bloc Quebecois not only listened to all witnesses but it also proposed a number of amendments, which were unfortunately defeated yesterday. I think it is important to address these issues at third reading.
For instance, clause 7 of the bill provides that all the services I just mentioned will be available only to members living on reserve. Those living off reserve will not be admissible to the same education program, which means that they must attend provincial schools. Unfortunately, discussions on native culture, language and heritage will not be as extensive as they would be in their own education system. The government is discriminating against these people to a certain extent.
Why are these people not living on reserve? Often for reasons beyond their control. Let me read the provision which make the existing program applicable only to members living on reserve. Clause 6.(1) of the bill states, and I quote:
A community shall, to the extent provided by the agreement, provide or make provision for primary, elementary and secondary educational programs and services for residents of its reserve.
That means you can be a member of any Mi'kmaq nation, but if you do not live on the reserve, you are not entitled to the same programs as the people who do. We introduced an amendment to include all members, but, for purely financial reasons, I think, the government and certain opposition parties unfortunately rejected the amendment. I was speaking earlier of the sum of $150 million to provide all services, and this measure, in our opinion, would have cost an additional $60 million.
I should point out that the figures we have for the Nova Scotia Mi'kmaq are approximate, but some 30% of community members live off the reserve. The government's decision is therefore deplorable.
In introducing my amendment, I discussed the situation of natives off the reserve, because it applies not only to the Mi'kmaq but to all native Canadians. In some communities, up to half the registered members live off reserve.
I find it deplorable that the federal government thinks two ministers should be responsible for this question. The Minister of Indian Affairs and Northern Development is responsible for all natives on reserves and for the Inuit living north of the 60th parallel. Another minister is responsible for Metis and native people living off the reserve, hence the discrimination we mentioned earlier.
I remember the government member telling me in response to the amendment that the federal government could not get involved in this area, that it was now a matter of provincial jurisdiction. That means that the debate over those not living on the reserve and attending provincial schools was a matter for the provinces. I cannot argue with that, but I think the government is quick to dump its fiduciary responsibilities for these people. I would even say that it is sometimes tempting to think that the government encourages them to leave the reserve, because their leaving would cost it less, and the provincial governments would then be responsible for them.
So the issue is one of equity and non-discrimination in our opinion. It is too bad that, in the end, the Mi'kmaq living off reserve will not be entitled to the same services as those on reserve. There will be a much greater inclination to try to assimilate off reserve members and include them in provincial programs that take very little account of the realities they face.
It is easy to understand why people do not really have a choice. There are also huge problems with respect to native housing.
Right now, overcrowding on reserves is forcing people to leave. The lack of jobs on reserves is also forcing people to look for work elsewhere. As soon as they leave the reserve, the federal government says that they are no longer its problem, that the provinces must take over. Because of this, three or four generations are sometimes forced to live under one roof. Sometimes, there are 16 people in one three-room apartment. Imagine how crowded that is.
For their well-being or in order to find work, people are forced to leave the reserve. This shows the importance of band membership. Those who leave the reserve are cut off and will become assimilated. We therefore have two classes of citizen.
It also has a negative effect on their culture. The more one visits Mi'kmaq reserves, the more one realizes that, when natives have their education under control, they can take back their native culture and language. They are in a better position to identify with their past, to have a clearer understanding of their roots and therefore of where they want to go in the future.
Some people will say that they do not want to see educational ghettos on reserves either, and they are right. Those who appeared before the committee told us that natives have been careful to ensure that the native curriculum is in line with post-secondary and university curriculums. They do not want young people leaving the reserve to be unable to pursue their education.
The idea is not to create ghettos, but to give them the opportunity to rediscover their culture, their language and their heritage and to develop pride in them, even at the post-secondary level. Those who are in the Nova Scotia school system will be at greater risk of losing their culture, language and heritage.
That was the reason for my amendment, to correct this situation. I wish to thank my colleague from Halifax West, who is here today, for understanding its impact and supporting it in the House. Coming from Nova Scotia he clearly understands, I believe, the Mi'kmaq dynamic in that province. I therefore congratulate him publicly for the position he has taken.
The motion was aimed at putting an end to the business of buck-passing between the federal government and the provinces. It was a lost cause and the provinces will be the losers, along with those living off reserve, who will pay for that loss with their culture, their heritage and their language. What I said before is true. The government rejected the motion because it would have had to fork out another $60 million.
This is deplorable, when the government is patting itself on the back for its zero deficit, for having a balanced budget, yet we know full well it has done so by cutting EI benefits without reducing workers' and employers' contributions. This is too bad, because this government will definitely end up with a surplus next year. It would have had the opportunity to redeem itself for past mistakes, but it did not take that opportunity.
Another amendment I felt was important was the matter of the treaty. The government has a number of possibilities once an agreement has been signed. It can either do what it did here, bring in a bill, or it can confirm it in a treaty. The government opted for the bill.
I would like to read my motion, which was as follows: “No later than three years after the coming into force of all the provisions of this Act, the Minister of Indian Affairs and Northern Development shall convene a conference composed of the signatories to the Agreement in order to determine whether this Act should be converted into a treaty within the meaning of section 35 of the Constitution Act, 1982.”
I felt this was important, because when I asked the public servants, their reply was: “You know, it was the Mi'kmaq who did not want it”. When I asked the Mi'kmaq, their reply was “Oh no, we did want it, but the federal government did not”.
We cited excuses such as “If we set a sum of money in an agreement and then have to enter it in a treaty the money will be frozen”.
That is why the amendment I proposed aimed at giving the agreement and the bill a chance to remain in force for three out of the five years, at which time we would re-evaluate the situation with the nine communities—or ten or eleven, if more join—to see if we could convert it into a treaty.
The issue of a treaty is important. People who came to testify from the four communities that have not signed told us that they would be tempted to sign if it were a treaty or could become one. Even though the amendment was defeated, I encourage the government to pay a lot of attention to that, because treaties have a very symbolic value.
What does a treaty mean? Treaties are not just international. The first Europeans to arrive here signed treaties with the native peoples. For native peoples, treaties are solemn, almost sacred, because they are signed between nations.
So I invite the government to give serious thought to converting this agreement, now a bill, into a treaty. This would finally ensure protection under the famous section 35 of the Constitution Act, 1982.
The government preferred the bill approach. A treaty and a bill are two very different things. Even if the current approach is via a bill, perhaps the treaty approach a few years down the road should be looked into.
To bolster my argument that some aboriginal people would be interested, I would like to quote what Rick Simon, regional Vice-Chief of the Assembly of First Nations, for Nova Scotia, said when he appeared on May 26: “We did talk about the concept of a modern-day treaty to education with protection under section 35, but the federal government was not willing to go that far. In fact, we spent probably six months in discussion back and forth to the point of a treaty not being the route to go.”
Naturally, the aboriginal people, being highly pragmatic, saw that they were faced with having to continue their battle for a treaty. In the meantime, the public servants in Ottawa would have continued to administer all educational services in the communities.
So they said to themselves: “Let us move ahead one step at least. Let us accept conversion of the agreement of February 1996 or 1997 into a bill. Then later we will look into the possibility of its conversion to a treaty”. The bill we are looking at does offer that possibility, but my amendment forced the Minister of Indian and Northern Affairs to call the signatories together in order to examine whether it was appropriate to convert the agreement into a treaty.
The Bloc Quebecois will support Bill C-30. I also want to wish the Mi'kmaq good luck. I have no doubts about their ability to control their own education. I would even say that these people are capable of looking after their own economy, culture and heritage. They are entirely able to do so.
I have always thought that the way to end aboriginals' dependence on the federal government was through education, self-government, and land claims with a sufficiently large base to ensure financial self-sufficiency.
I am convinced that this is the only way to end their dependence on the federal government, which has led to a host of problems, including drug addiction, alcoholism, suicide, domestic violence and despair. These people must be given hope.
This educational reform is one step on the road to self-government and self-sufficiency, because it must not be forgotten that a society's greatest resource is often not its forests or its mines but its school children.
In closing, it is with great pleasure that I have accepted the invitation from several aboriginal leaders to travel to Nova Scotia this summer. At the end of July, I plan to go to Nova Scotia and meet most, I hope, of that province's native communities.
I think that the Mi'kmaq are one of Canada's greatest First Nations. I have been pleased, on behalf of the Bloc Quebecois, to help them on their path to self-sufficiency and self-government. I wish them all the best with their education program in Nova Scotia.