Let me see if I can say that again. The charter of rights and freedoms will continue to apply to the Nisga'a people, the Nisga'a government and all people living on Nisga'a land. The charter will apply to all actions taken by the Nisga'a government, including when it can make laws and take decisions such as issuing permits and licences. The Nisga'a government will only be able to enact laws that are consistent with the charter of rights and freedoms.
Not only will the charter continue to apply. Nothing in the treaty takes away from federal or provincial authority under the constitution and the sovereignty of the crown is clearly acknowledged. Federal and provincial laws such as the criminal code or B.C.'s family relations act will apply. Where the Nisga'a government can make laws they will operate concurrently with federal and provincial laws. There will be no areas of exclusive Nisga'a jurisdiction.
Throughout history treaties have been used to define the relationships people have with each other. They represent solemn commitments. As such they cannot and must not be changed at the whim of one party or the other. For that reason the Nisga'a treaty and the Nisga'a final agreement act will prevail when there is a conflict with federal or provincial legislation. This is consistent with the constitutional protection of treaty rights.
That does not mean Nisga'a laws will necessarily prevail over federal-provincial laws. The treaty clearly lays out the areas in which the Nisga'a government will have the right to enact laws. These laws will only prevail in matters internal to the Nisga'a people, integral to their culture, and essential to the operation of their government.
For other areas the treaty clearly spells out the rules of which any conflict between Nisga'a laws and federal or provincial laws will be resolved. In general, federal and provincial laws will prevail, or the Nisga'a law will have to meet or exceed existing federal and provincial standards in order to be valid.
As well as providing clear avenues of authority, the Nisga'a treaty is a sensible and practical arrangement that will provide for the political, legal and financial accountability of the Nisga'a government. The treaty, its related fiscal financing agreement and the Nisga'a constitution all contain provisions to provide that the Nisga'a government will be accountable to its members and to the governments from which it will derive some of its funding.
The Nisga'a government will be required to prepare and provide audited financial statements to its members and to Canada and British Columbia. These statements must meet generally accepted accounting standards and any funding provided by Canada will be subject to review by the auditor general. This standard of accountability has been embraced by the Nisga'a leadership. Beyond any government's moral obligation to be accountable to those it represents, obviously there is a practical reality.
The modern self-government arrangements in the Nisga'a treaty clarify the responsibility for land management for all those who do business with the Nisga'a government and for those who live on Nisga'a lands. In order for the Nisga'a to attract economic development, their laws and decisions will have to be open and transparent with their administrative policies and review and appeal procedures both clear and fair.
While the Nisga'a government will be unique to the Nisga'a people, it will operate under principles of democratic, representative and accountable public administration common to other local and regional governments throughout Canada.
We should be proud that this treaty finally sets out the rights of the Nisga'a people. We should be no less proud, however, of the measures it takes to reconcile Nisga'a rights with the rights of others. The treaty protects the rights of other aboriginal people and the rights of non-Nisga'a individuals who reside on Nisga'a lands.
If the treaty were found to adversely affect an aboriginal right of another first nation, it will be read down to accommodate that first nation's rights. The parties would be obliged to make best efforts to amend the treaty in order to remedy the situation.
For non-Nisga'a living on Nisga'a lands, the treaty contains far stronger protection of their rights than the existing Indian Act. Those individuals will continue to enjoy the right to vote in federal, provincial and regional district elections. They will also have the right to vote for, or become members of, elected Nisga'a public institutions, such as school boards and health boards.
The treaty also provides that non-Nisga'a living on Nisga'a lands will have the right to be consulted about all decisions that might directly and significantly affect them. The Nisga'a government will have a duty and an obligation to give their views full and fair consideration. Like Nisga'a citizens, non-Nisga'a people will have full access to procedures allowing them to appeal administrative decisions of the Nisga'a government, including judicial review.
Throughout the negotiations leading up to the treaty, all parties were very mindful of the rights and interests of others. For example, people who are not Nisga'a citizens but reside on Nisga'a lands may very well benefit from services provided by the Nisga'a government. However, they will not be subject to taxation by the Nisga'a government.
The Canadian public will continue to enjoy reasonable access to Nisga'a lands for recreation and other non-commercial purposes. Access required to construct and operate licensed water supplies is protected, and the Nisga'a water reservation, amounting to only 1% of the Nass River flow, leaves ample volume for other uses which may be required in the future.
These are but a few of the many ways in which the Nisga'a treaty protects and respects the rights of others. This protection I should emphasize is not available under the Indian Act.
The Nisga'a treaty is a complex and carefully balanced agreement. If any of my colleagues have yet to read the text, I urge them to do so in order to see the extent to which the concerns and aspirations of all Canadians have been addressed. Anyone taking the time to do so will realize that, as with all negotiations, there has been give and take by all parties, including the Nisga'a.
One is in the area of taxation. Once the treaty is ratified the Nisga'a will enter an eight year period to phase out exemptions from sales tax and a 12 year period to phase out exemptions from income tax. At the end of the phase-out periods the Nisga'a people will pay taxes the same way that other Canadians do.
The Nisga'a will also undertake a share of the responsibility of funding their government. The reliance of the Nisga'a people on transfers will be reduced over time and it will contribute to the cost of programs and services through the operation of an own source revenue agreement.
The more that people actually learn about this agreement, the stronger their support for it becomes. I am certain other members will expand on areas of the treaty that are of particular interest to them. However, I would encourage members to bear in mind how historically and symbolically significant this debate is. In many ways this debate is about how we as Canadians see ourselves and our country. The fact that we have a treaty to debate is a testament to the spirit and intent of “Gathering Strength—Canada's Aboriginal Action Plan” in which we committed to address the needs of communities by building a real partnership with aboriginal people.
We would not be at this point today if Canadians had not made it clear to us that it is high time we resolved the unfinished business of the past in order to move into the future. At the same time, while the Nisga'a people will never forget what they have endured, they have come to know a different Canada in recent generations. It is a Canada that respects and embraces people of all heritages, whether aboriginal or non-aboriginal; a Canada that is grateful for the contribution aboriginal people have made and will continue to make; a Canada that is committed to reconciliation and renewal; and a Canada that knows its strength lies in the ability to forge partnerships among all those living within its borders.
The Nisga'a treaty says a great deal about how far Canada has come over the last century and our limitless potential to go even further in the future. It is a significant step in the path toward a better Canada. It is fitting that we are poised to ratify the treaty during the United Nations decade of the world's indigenous people. What better way to mark that occasion than a treaty that has become an example to nations around the world and a sign of hope to indigenous people in Canada and abroad.
In closing I would like to once again quote Dr. Joe Gosnell: “Now it is time to ratify the Nisga'a treaty for aboriginal and non-aboriginal people to come together and write a new chapter in the history of our nation, our country and indeed the world”.