Madam Speaker, I thank my colleague for his point of order.
There is a provision recognizing the supremacy of the charter of rights and freedoms, but it is clear that paragraph 13 states that federal and provincial laws take second place to this agreement. The agreement must prevail whenever there is an inconsistency or conflict between the agreement and our provincial or federal laws.
I would now like to illustrate some of my concern over this provision which retains primacy of the law to this agreement.
I would like to refer to chapter 12 of the agreement. Chapter 12 covers the administration of justice. I note that in paragraph 1 the Nisga'a government has the power to provide a Nisga'a police service. That is no problem as this provision has been permitted on a number of our aboriginal lands across the country.
My concern is with paragraph 4(a)(iii), which provides that the Nisga'a people will be permitted to create laws regarding the use of force by members of the Nisga'a police service as long as those laws are in substantial conformity with provincial legislation. I am concerned that the agreement is limited to require the Nisga'a laws only to conform to provincial legislation.
There is substantial and effective law on the use of force by police officers within the Criminal Code of Canada. There appears to be no requirement for the Nisga'a to conform to the federal law in this regard.
This surely cannot be the intent of the government. Section 25 of the criminal code provides our peace officers with statutory authority in the use of force while administering and enforcing the law. This section protects peace officers across Canada, but there is a question as to whether it will protect the members of the Nisga'a police service should the Nisga'a government go that route.
Furthermore, I wonder whether the Nisga'a people will be at risk if we do not have the same legislated rules for the utilization of force by Nisga'a law enforcement personnel. Will members of the Nisga'a police service have broader or greater powers in regard to the use of force than is presently provided for within the criminal code?
This whole section on the administration of justice makes me wonder whether the federal position was asleep at the switch in the drafting of the agreement. As I have just stated, there is no mention of ensuring that federal law with respect to the use of force is maintained.
There also does not appear to be any provision to recognize federal police officers who in the course of their duties are required to operate within Nisga'a lands. Paragraph 15 of this section recognizes the possibility of a “provincial or other police constable” performing duties within the Nisga'a lands, but there is no mention of federal police officers.
When reading the agreement in its totality it often refers to provincial and municipal police services, but it does not mention our federal law enforcement personnel. The agreement recognizes and accepts the need for these provincial and municipal police services to, at times, effect duties and responsibilities on Nisga'a lands. I can readily see the issuance of subpoenas, arrest warrants and investigative inquiry causing outside police officers to enter Nisga'a territory, but I can also see the necessity of federal officers, such as the RCMP, to do the same. I can immediately think of the RCMP Prime Minister's protection detail operating within the Nisga'a lands should the Prime Minister ever decide to visit that area of this country. I can think of RCMP officers involved in drug investigations and customs and immigration work, perhaps organized crime and white collar crime.
I am concerned that the agreement seems to be silent in this regard. Is the federal government abdicating its responsibility for federal policing under this agreement? If not, why is the federal aspect of policing not specifically included within the agreement?
This legislation cries out for review, debate and amendment. Initial indications from the government lead us to conclude that changes are just not to be considered. The Nisga'a people themselves will be disadvantaged by this Liberal government policy. The people of British Columbia will be negatively affected. The precedence of this legislation will in turn affect other native bands and citizens of other provinces.
I urge members of the government to reflect on what they are doing. Too often members on the opposite side of this place take their marching orders from the Prime Minister's office and cabinet and fail to stop inappropriate and ill-advised legislation from passing into law.
I conducted a poll in my constituency of Surrey North. Admittedly, it was not a scientific poll. However, 83% of the respondents were opposed to the current form of the Nisga'a agreement. A full 77% were completely opposed to the process which was employed to get the agreement.
I am glad the government, in its wisdom, which I question, will send the aboriginal affairs committee to British Columbia. I think the government will have its eyes opened because the numbers which I have quoted are reflective of the feeling in British Columbia.
I thank the House for providing me the opportunity to express these concerns over Bill C-9, the Nisga'a final agreement act.