Mr. Speaker, tonight we are debating Bill C-49 which is the first nation land management act. For those who have just joined this debate, and I am sure there are many, I would like to reiterate that this bill would allow individual first nations to opt out of the land and property sections of the Indian Act and establish their own land codes to manage reserve lands and resources.
In this narrow area the act would grant powers of self-government to the first nations that choose to opt out of the Indian Act, but only in this narrow area. It is interesting for me to hear government members wax eloquent about the virtues of self-government when here is a government which could bring that into effect but after five long years has touched only one narrow area in which to give aboriginal people and first nations any kind of self-determination.
This bill would give first nations the authority first, to pass laws for the development, conservation, protection, management, use and possession of first nation land and second, to control the issue of leases, licences and other property interests. This is not an inconsiderable step that is being put forward. Some people have mentioned in this debate that it would essentially create a two tier Canada. It would give special rights and privileges to some, and to some Canada's laws and Constitution would not fully apply. They would be subject to different laws.
It does not take a rocket scientist so I have been able to figure out that what this bill will lead to is a patchwork of individual land codes which will inevitably be riddled with legal ambiguities which will create chaos for the individuals affected, the first nations people who are affected and for the larger community.
In light of the very realistic outcome of this bill even though there may be a good purpose served, the official opposition is proposing that there be a consultation process written into the bill so that there would be at least some opportunity for the people being affected not only within the aboriginal communities themselves but within the larger community to have discussions about proposals and intentions that will be carried out under the authority of this bill.
For the life of me I cannot understand why this is such a huge nut for the government to crack. Why is there such a resistance to the simple idea, the simple Canadian value of talking to your neighbours?
Yet in this debate if we listen to speakers opposite I heard not one single speaker make a meaningful discussion of this proposal which is supposed to be the reason we are here this evening, to discuss the proposal that there be consultation.
What I did hear was the member for Etobicoke—Lakeshore, for whom I have a great deal of personal respect, say, strangely, consultation cannot be legislated. I must say that this is a rather novel statement because we have a whole variety of areas within our Canadian law and jurisdiction where consultations are a part of a legislative process.
In my city of Calgary, for example, if a communications company wants to put up communication towers for purposes of cellular phone networks over a certain height there must be by law public consultation. If there is development to take place within a certain community there must be public consultation before that can go ahead. There are federal-provincial consultations on a wide variety of areas. So this is not a novel concept. It is considered a civilized way of doing business with neighbours in Canada.
The only other comment I heard which was on the point about consultation was by the last speaker who said there were all kinds of consultation about this legislation. The member was clearly missing the point that what the motion proposes is a consultation process written as part of the bill to take place as the bill's powers are being carried out.
It was interesting when the speaker who mentioned the consultation that had led up to the bill being proposed said the first nations themselves, the chiefs themselves, came forward with this proposal as if because somebody brings a proposal it is ipso facto a good thing and should be accepted.
I could put all kinds of proposals forward to the Liberal government which I bet a dime would not be accepted. Yet somehow because the first nations chiefs have put this forward that was consultation.
We have heard story after story that aboriginal people themselves who are to be affected by this legislation and people in the larger community who have lease hold interest which will be covered by this legislation were not consulted.
This whole question of consultation adds up to the fact that there was little or no consultation prior to this legislation and its effect being brought in. Nor is there a consultation process built into the legislation whereby communities, both inside and outside first nations lands, can work together in a co-operative manner to carry out the powers and intentions of this legislation.
Surely it is only sensible to accept the motion being put forward to bring such a consultation process into the package. Yet not only is the government stubbornly and perversely unwilling to accept that sensible proposal, but it does not debate it in a meaningful manner. We have no idea why this proposal for a consultation process has been stonewalled and rejected by this government.
Surely if we are in this House to have meaningful debate that should be coming forward. I have not heard it. I invite members opposite to give some sort of a rational rationale, if I might be so bold, for rejecting this proposal.
I heard one speaker from another party make a rather startling statement. I think we should put that on the debate table. The statement was that the Reform Party is suggesting that because the people carrying out these powers are first nations people they cannot be trusted and their powers must be circumscribed in some way.
Clearly speaker after speaker from the Reform Party has rejected that allegation. Let us look at the flip side of it. The flip side is that the speaker from that party is suggesting that because first nations people are carrying out these powers, no checks and balances are necessary. That is an equally ridiculous proposition.
When human beings of any stripe or colour have power there need to be proper checks and balances on the exercise of that power and authority. That is just the way civilized societies work. To try to bring racial bias into this or to accuse people who are suggesting sensible and moderate checks and balances of racial bias is, I think, very unworthy of debaters in this House.
If we are to carry out our mandate on behalf of Canadians, which includes first nations Canadians, and to make sure that there is fairness in the rule of law properly carried out in the future, we need to quit browbeating people in debate and assigning motives that are clearly unreasonable and simply address the issue.
Should there be a consultation process in this bill or not? I think I have made the case as well as my colleagues that there clearly ought to be and should be. I ask the government to in all reason and fairness put that to the House, pass it and let us get on with carrying out the intent of this bill.