Madam Speaker, I look forward to Reform members' interventions in this debate. It is always very interesting to see where they are coming from.
I am pleased to join my hon. colleague in debating this motion.
The supreme court has provided valuable guidance on how an agreement between two parties, the 1760-61 Mi'kmaq treaty, should be interpreted as we enter the 21st century. However, the court did not specify how those treaty rights are to be implemented and respected both now and in the future.
It is very important for people to understand that the court's decision is complex and far-reaching. There are no quick and easy solutions, as has been suggested by some people already this evening. A constructive resolution requires that all parties work together to respect an affirmed treaty right in a way that is sensitive to the interests of all those who rely on the fishery for their livelihood.
We have much more work ahead of us—governments, first nations and non-first nations—to reconcile and understand the court's interpretation of this and other historic treaties. The process by which we can work together toward finding a settlement is not new. In fact, it is well under way. Our commitment to negotiate with first nations in the spirit of partnership is ongoing. So too is our commitment to finding settlements to legitimate outstanding first nations obligations. These commitments were reconfirmed last year with the launch of “Gathering Strength—Canada's Aboriginal Action Plan”.
The government's response to the Royal Commission on Aboriginal Peoples affirmed that agreements are best negotiated in a way that respects the rights and concerns of first nations and those of their neighbours.
This is nothing new. We see it taking place across the country every day. On the west coast the British Columbia Treaty Commission is negotiating modern day treaties with 51 first nations where no settlements were negotiated. In the Yukon, comprehensive claim settlements, self-government and shared resource management are returning certainty to the territory. In the Atlantic region a process is under way with first nations to find approaches to identify and settle legitimate outstanding obligations to first nations. The same spirit of partnership will be needed to understand historic treaties.
In “Gathering Strength” we said that the continuing treaty relationship provides the context of mutual rights and responsibilities which will ensure that aboriginal and non-aboriginal people can together enjoy the benefits of this great land.
Unfortunately, for too many years first nations have not fully enjoyed the benefits of this great land, in part because they have had limited access to fish, forests, minerals and other natural resources. Yet, court rulings have consistently and clearly demonstrated that first nations do indeed have rights. They have worked relentlessly to have aboriginal and treaty rights recognized.
I would like to quote from a letter to the editor in today's edition of the Vancouver Sun . Miles Richardson, the chief commissioner of the British Columbia Treaty Commission, writes: “Aboriginal rights exist whether or not they are set out in a treaty or agreed to by anyone. But without a treaty it is unclear about how and where those treaties apply. The courts have continually said that the best way to resolve these issues is through good faith negotiations with give and take on all sides”.
I agree completely with those words. I can confirm that my department is working in partnership with first nations and other governments across Canada to ensure that treaties are fully respected.
It is clear that the supreme court ruling on the Marshall case has implications for the people of Atlantic Canada, both first nations and non-first nations. My colleague, the Minister of Fisheries and Oceans, is working very hard to arrive at a fair and equitable solution involving access to Atlantic fishery resources in light of the Marshall decision.
The impact of the Marshall case likely will not be confined to fish and it likely will not be confined to Atlantic Canada. I will be reviewing with others involved how these broader issues should be addressed. After all, this is a shared responsibility among all parties. It is up to all of us to help explain to all Canadians the meaning of treaties and the treaty relationship.
I think we are seeing that the days are gone when one minister, the minister of Indian affairs, is the only one working on or speaking to aboriginal issues. These issues are of significant importance to all ministers and I commend and support my colleague, the Minister of Fisheries and Oceans, for his efforts.
My role is broader. I see it as having the federal lead to work closely with first nation leaders, my provincial counterparts and my cabinet colleagues to explore together an overall approach to the broader question of the treaty relationship and aboriginal access to resources.
As the Minister of Indian Affairs and Northern Development I am just one person among many who is working on or speaking to aboriginal issues. These issues are of significant importance to all ministers. Again, I commend the Minister of Fisheries and Oceans for his efforts. Together we will explore an overall approach to the broader question of the treaty relationship and aboriginal access to resources.