Madam Speaker, I am most pleased to have the opportunity to speak today to the historic Nisga'a final agreement.
As a member of parliament from British Columbia, my constituents will certainly be impacted in a number of ways on the issue which we are now debating.
We have already seen emotional and antagonistic reactions to the Nisga'a final agreement. I encourage all members in this place to please study the agreement in a calm and rational manner and to please spend the time and the effort to properly review the debate and the process of the legislation. It really does us no good to become involved in heated exchanges and it certainly does our constituents no good if we do not properly review what is now before us.
The legislation appears to be the start of what may become a series of agreements with a number of our aboriginal citizens of this country. As a precedent we must ensure that what is being done is right for all Canadians, both the Nisga'a who will be most acutely affected by this agreement, and the non-Nisga'a who will also be influenced in a number of ways.
I note the title of what we are currently being asked to study. It is called the Nisga'a final agreement. That bothers me. It does not have to be the final agreement. With all due respect, changes can be made and have to be made. This is an agreement between the Nisga'a people, the province of British Columbia and the Minister of Indian Affairs and Northern Development. The agreement is binding on the parties, but the Minister of Indian Affairs and Northern Development only recommends agreement to this place.
It is up to each and every member of parliament now to decide whether to accept this agreement, whether the agreement requires change or whether the agreement is unacceptable and must be rejected. As it states within the agreement, the former minister only warranted her participation to the extent of her authority. She signed the agreement as the Minister of Indian Affairs and Northern Development. She had no more authority than that. I realize that she may well have had cabinet support for her actions, but she definitely was not acting on behalf of this place. That is why we are now tasked with review, comment and a vote. We should not and cannot shirk this responsibility.
As I said, the title, Nisga'a final agreement, troubles me. We are not being presented with a fait accompli. This legislation is just like any legislation that comes before us. We must do our job and ensure that it is correct and proper. We must ensure that it accomplishes our aims in the fairest and most effective manner.
As I stated above, the agreement is between the Nisga'a, the province of B.C. and the Minister of Indian Affairs and Northern Development. Those parties need only ratify any changes or amendments made by this place. In fact, the agreement makes specific reference to amendments as decided by the parties.
I will now express the concerns I have with specific parts of this agreement.
Canadians will hear a lot about paragraph 13 of chapter 2 concerning the general provisions of this agreement. It states:
Federal and provincial laws apply to the Nisga'a Nation...but:
(a) in the event of an inconsistency or conflict between this Agreement and the provisions of any federal or provincial law, this Agreement will prevail to the extent of the inconsistency or conflict.