Madam Speaker, I would like to speak about one of the most important features of the Nisga'a final agreement, one that goes to the very fabric of democracy and justice.
We have heard a lot of talk in recent years and recent days about the need for governments to be accountable. It is one of those things which distinguishes a democratic system from other political systems and it is one of the central features of the Nisga'a government as proposed in this treaty.
Political, legal and financial accountability is expected of governments in Canada. Accordingly they must answer to the Canadian public with regard to the decisions they make, the funds they receive and the money they spend. If governments are not perceived as being sufficiently accountable, they are replaced at election time. That is the bottom line.
We ensure accountable governments by demanding transparent and fair mechanisms, for example, clear and open processes of lawmaking such as we practise in this House. Decision making must be established, as well as procedures for appeal or review of those laws or decisions. The Nisga'a final agreement does exactly that. Accountability is one of the central themes of the treaty chapters on Nisga'a government, fiscal relations, the Nisga'a constitution and the fiscal financing agreement.
The Nisga'a government will be a democratic government that is accountable to its citizens. The Nisga'a constitution will be one of the key elements ensuring accountability of the Nisga'a government. This treaty requires that elections be held at least every five years. The Nisga'a constitution sets out a system of financial administration and conflict of interest rules that are comparable to standards generally accepted for governments in Canada. All adult Nisga'a can vote and hold office.
The final agreement requires that the Nisga'a constitution set out procedures to enact laws and a means to challenge the validity of those laws. In addition, the treaty provides for a strong majority in order to amend the Nisga'a constitution. Initially there is a requirement that an amendment be approved by at least 70% of Nisga'a citizens voting in a referendum. This is a high threshold but fittingly so.
The Nisga'a people themselves recognize the importance of accountability. Indeed their constitution requires each office holder to take an oath of office to provide good effective and accountable government for the Nisga'a nation as a whole.
That is not all. The final agreement stipulates a requirement for appropriate procedures to appeal or review administrative decisions of Nisga'a public institutions, to ensure the coming into force and publication of Nisga'a laws, and for the establishment of a public registry of laws.
Nisga'a citizens who are not residents of Nisga'a lands as outlined in the agreement, and there are some 200, can vote for the Nisga'a lisims government and can participate in the three urban locals: Vancouver, Terrace and Prince Rupert. Each of these locals is represented by a seat in the central Nisga'a government.
The Nisga'a government also has an obligation to consult with residents of Nisga'a lands who are not Nisga'a citizens about decisions that directly affect them. The final agreement specifies that the Nisga'a government must give full and fair consideration to the views expressed during that consultation. The Supreme Court of British Columbia has authority for appeals and challenges to administrative decisions of Nisga'a government brought by anyone whether or not they are Nisga'a citizens.
Residents of Nisga'a lands who are not Nisga'a citizens can also vote and run for election in public institutions that have elected members, such as school boards and health boards, and when the activities of those institutions significantly and directly affect them.
The approach taken in the Nisga'a final agreement also ensures that the Nisga'a government is financially accountable to its members and to the governments from whom some of their funding is derived. Under the fiscal financing agreement the Nisga'a government is required to prepare and provide audited accounts and financial statements for the Government of Canada and for the Government of British Columbia. Those accounts and statements must meet generally accepted accounting standards in Canada. Where funding is provided by the federal government, the reports can be reviewed by the auditor general.
Through the provisions contained in the final agreement, the accountability of the Nisga'a government at the local level will improve the current situation existing under the Indian Act. The Nisga'a treaty will establish a direct relationship between the Nisga'a government and its citizens. This is as it should be.
Under the Nisga'a treaty there is no lack of clarity. The Nisga'a government is clearly responsible for the decisions it makes and the lines of accountability are set out in the treaty for all to see and know.
This is democracy at its best. The Nisga'a government will be responsible for the well-being of all Nisga'a citizens and all those who reside on Nisga'a lands. Accordingly it will be accountable to them and to the government that provides some of the funding.
Let us not forget that the charter of rights and freedoms will apply to Nisga'a government and to all laws on Nisga'a lands. That means that all laws and decisions the Nisga'a government makes will be subject to review to ensure they are consistent with the charter.
Under section 24 of the Nisga'a final agreement, anyone who feels his or her rights and freedoms as guaranteed by the charter have been infringed or denied may apply to a court of law to obtain a just remedy.
For many years the Nisga'a people have been coming together every year to scrutinize the actions and decisions of their leaders. At these annual meetings the Nisga'a people have discussed matters that are important to them and have made resolutions to provide direction to their leaders. They have held leadership elections regularly. They have been negotiating with the Government of Canada for 20 years.
Over those years the Nisga'a leaders have earned the respect of their people. That is not to say that like other governments they did not have those within their membership who opposed them; however, the Nisga'a electors know that their leaders are accountable and that they have a regular opportunity to elect a new government if the current one does not live up to their expectations.
Clearly the Nisga'a people are well accustomed to having accountable leaders. The treaty confirms this fact and places the responsibility for governing the Nisga'a people in their own hands, a responsibility they are more than ready to take on. It is time that they did just that.
For too long now a minister of the federal crown has been responsible and accountable for every aspect of the lives of the Nisga'a people. It is time to move forward. The Nisga'a people have clearly identified their wish to do so by virtue of their support for the treaty. The Nisga'a people and their leaders have never lost sight of their goals. They have always attempted to fulfil them for the benefit of future Nisga'a generations.
Here they are today on the brink of achieving this longstanding vision. Let us not stand in their way now. Let us ratify the treaty which will return to the Nisga'a the responsibility and accountability for looking after their own affairs. It is the right thing to do.