Madam Speaker, with respect to the question just put to my hon. colleague from Vancouver Quadra I would like to quote from a article published in today's edition of the National Post by a gentleman known to the member for Vancouver Quadra, Mel Smith, former principal constitutional adviser to the Government of British Columbia for over 15 years. He referred to the deal and wrote in part:
This represents a significant diminishment of the legislative powers given to senior governments by the Canadian Constitution, to a new kind of government unknown to the Constitution.
To be specific, the Nisga'a agreement would make Nisga'a laws constitutionally paramount on at least 17 province-like subject matters. This would include Nisga'a laws on: education...higher education...the delivery of health services, child and family services; business, trades and professions...land use; land registration; laws related to Nisga'a fish, aquatic plants and wildlife entitlements. The list goes on.
Couple this diminishment and divestment of legislative powers with the fact that these aboriginal government rights cannot be retrieved in the future, and...the treaty makers have stepped beyond the bounds of the Constitution. They have, in these respects, given away forever the constitutional right of the B.C. Legislature to make laws applicable throughout the province. This they simply do not have the right to do.
How would the member for Vancouver Quadra respond to the thoughtful argument brought forward by Mr. Smith, former principal constitutional adviser to the Government of British Columbia?