Madam Speaker, I will be sharing my time with the member for Vancouver Quadra.
I am pleased to respond to the motion by the member for Skeena. The member has asked that the government ignore years of consultation, negotiation and goodwill and extend the uncertainty even longer by sending the Nisga'a final agreement to a procedure heavy referendum in British Columbia.
There is no requirement for a provincial referendum. The three parties to the Nisga'a negotiations agreed on how they would ratify the final agreement early on in the process. Honourable governments follow through on commitments negotiated in good faith. To change the rules now would be wrong.
The Nisga'a treaty has been many long years in the making. During this time every issue has been examined in great detail by the experts in the relevant fields. Third party advice has been sought and considered. Provisions have been carefully and painstakingly crafted to achieve the most clarity possible. Negotiations of the Nisga'a final agreement have included one of the most extensive consultation and public information exercises ever conducted in the context of treaty negotiations in Canada.
With the ratification of the Nisga'a treaty, we will resolve this outstanding matter which dates back to the time of Queen Victoria, a solution that is fair, equitable and in accordance with the laws of Canada. True equality recognizes that not all individuals start in the same place.
The reality is that aboriginal peoples' prior presence has given them unique rights as the original inhabitants of this country. The government believes that the aboriginal people of Canada have an inherent right to govern themselves which can be implemented through practical and workable agreements. The existing rights of aboriginal people recognized under section 35 of the constitution have been affirmed again and again by the courts.
I want to re-emphasize to members of the opposition that this is not a constitutional amendment. This is a reaffirmation of rights that have existed since historical times. We are recognizing them in a modern context under the treaty we are talking about. The Nisga'a final agreement recognizes this fact and embodies practical solutions specific to the Nisga'a people. This agreement identifies a Nisga'a land base, resources and a system of government that reflects their cultures and their values.
As my hon. colleagues are aware, the treaty contains reasonable self-government powers that will enable the Nisga'a to manage their internal affairs. They will be able to make their own laws on things like Nisga'a citizenship; language and culture; the administration of their land and other assets; marriage; child and family social and health services; child custody and adoption; and education. It is critical to understand that even where the Nisga'a can make laws, those laws must still operate concurrently with federal and provincial laws.
Nisga'a laws can be challenged—and this is a test of our democracy—under the charter like laws passed by other governments in Canada. That is because the treaty right to self-government is a right to govern in accordance with Canada's charter values.
Our constitution is sensitive to the fact that this country is made up of people with different backgrounds and cultures. It also guarantees that all individuals will be treated equally under the law. It is this guarantee of equality within society, this diversity within unity which make us distinctly Canadian. I understand that the opposition wants to change the values of Canadians and go more to an American model. Obviously, that is not the wish of Canadians and the governments of Canada.
It is precisely because the Nisga'a treaty was negotiated within the constitution that the rights of those people who are not Nisga'a citizens but who live on or within Nisga'a lands are secure. For example, even though those who reside on or within Nisga'a lands but who are not Nisga'a citizens may receive certain benefits of services from the Nisga'a government, the treaty does not allow the Nisga'a government to tax them. I repeat that it does not allow the Nisga'a government to tax them. Neither does the treaty prevent anyone from accessing their interests on Nisga'a lands.
In addition to these assurances, those who are not Nisga'a citizens but who will live on or within Nisga'a lands will have extra measures to safeguard their interests and opportunities to participate in Nisga'a society.
For example, they will be able to stand for election or vote for elected Nisga'a public institutions such as education and health boards. They will also have special rights to consultation and appeal. These are guaranteed rights which will give them a strong voice in the community they inhabit.
For those who may not believe me, I am pleased to refer to the testimony last week of Mr. Bill Young. He owns a sizeable piece of property surrounded by Nisga'a lands. Mr. Young stated that he of course started with some questions and he is very satisfied with the answers. He believes that he will enjoy ongoing peace with his Nisga'a neighbours.
Members of the Reform Party talk about listening to grassroots people. It is funny how they listen only to the people who oppose the government. As has been said elsewhere, we listen to all sides. That is why there were amendments to the agreement in principle. That is what governments are all about, making decisions and being accountable.
The Nisga'a treaty, achieved after years of complex negotiations, has enabled us to achieve a just and balanced settlement that respects the needs of the Nisga'a people and all Canadians.
Like all Canadians, the Nisga'a people want to be contributors to their communities and their country. This fair and reasonable settlement will finally provide a much better chance for them to do so.
The benefits generated by this treaty are not limited to the Nisga'a nation. This agreement will yield significant long term dividends to other British Columbians as well. I can give some examples.
The treaty will finally lay to rest the divisive debates surrounding what we mean by aboriginal rights and how they should apply to the Nisga'a people. It will enable all residents in the region to coexist in harmony fully cognizant of each other's rights and responsibilities. Perhaps most beneficial is that ratification of this treaty will give the business community confidence to invest in the northern corner of the province.
There are numerous other advantages to area residents resulting from this treaty. Chief among them is that there will be millions of dollars in settlement payments invested in the Nass region. Much of the new treaty money is likely to be spent in communities immediately surrounding the land claim area.
Another benefit is that the Nisga'a people will pay taxes in the same manner as other Canadian citizens and will contribute to the cost of running their government. It is estimated that 15 years from now, when transition periods are complete, the Nisga'a contributions from tax and own-source revenues will amount to one-quarter of all government transfers. These arrangements are unprecedented in Canada.
The Nisga'a treaty will be good for the Nisga'a people, the people of British Columbia and all Canadians. Yet there is an even more persuasive argument for supporting the treaty. At the most fundamental level, the treaty signifies our willingness as a society to reconcile historical and cultural differences. It provides an avenue for positive change.
The Nisga'a treaty will enable us not only to honour the past but to move in partnership into the future. This was our government's promise in “Gathering Strength: Canada's Aboriginal Action Plan”. We promised to address historic grievances and to develop mechanisms for healing, reconciliation and renewal that would make a measurable difference in the lives of first peoples.
We pledged to resolve longstanding land claims, to improve governance and to address capacity building and accountability issues to prepare aboriginal communities to assume more control over their own affairs.
We committed to defining a new partnership in shaping a common vision that would carry us all forward into the next millennium. The Nisga'a treaty symbolizes this new partnership. It stands as a practical and workable arrangement which supports the core principles espoused in “Gathering Strength: Canada's Aboriginal Action Plan”. Mutual respect, recognition and reconciliation; that is what Canada is all about.
I urge all members of the House to move forward with this treaty as soon as possible so we can get on with this new arrangement and partnership with the Nisga'a people in the Nass Valley.