Madam Speaker, it is a pleasure to speak to this bill tonight. My colleague from another party said earlier that Reform was approaching this bill with a double standard. I think not. I think we are approaching this with a single standard for enjoyment of property and opportunity for all fairly. That is the reason we object to this.
I have heard a number of opinions on this bill and I think it is important to keep the focus on how we can improve the legislation. Our aboriginal people have been marginalized for far too long and the government has rarely done something to improve that for them. Hopefully we can change that this time.
There were a lot of problems and obstacles encountered by rank and file band members during formulation of this bill. Many have not been involved and they are concerned that their interests are not being met in this lack of grassroots consultation.
The band councils have a responsibility to involve and include all aboriginals in the process. There are a lot of grassroots concerns when it comes to dealing with section 28 and the issues surrounding expropriation. Some band members are even afraid their own people will drive them out of their homes.
Section 28 also leaves many unanswered questions about the process required when non-aboriginals are dealing with bands in land and lease negotiations. The uncertainty is leading to dramatic decreases in the value of the land in the disputed areas.
Bill C-49 may only expedite land expropriations and escalate tensions unnecessarily. It is important to remember that I am referring only to a small number here.
Unless there is grassroots consultation there is a great chance that development will not match the aspirations of the community. This would be permanently divisive.
My family has had experience in the eastern part of the country where they too leased from aboriginal people 15 years ago. When they leased to develop their property, the lease rates were low and attractive enough for them to move there and to develop property. After 15 years the lease rates escalated to such heights that it lost the viability of having the property. They sold it.
The problem was that when they sold it, they could not sell the property for what they paid because the lease rates were too high. There are dangers and risks of that happening.
Many problems already exist for the current government systems on reserves. How could a proud people who receive a decent amount of money each year end up in poverty? It is because so much of the money does not get to the grassroots members. We can understand their fears for granting chiefs additional power.
Some bands have millions of dollars in the bank but their members are relying on outside charity assistance to fill the gap left between the transfers to the councils and the transfers from the councils. Many believe this legislation will only concentrate that power further.
Section 28 is not the only problem area. There are also growing concerns that the treatment of women under Bill C-49 would be a big problem. There are not adequate provisions to govern situations of marital break-up. The division of property, possessions and use thereof are not adequately addressed in this legislation.
Bill C-49 contains two provisions that are particularly worrisome for native women. First, it states that rules and procedures regarding the use, occupation and possession of land upon the breakdown of marriage will be determined by the land codes at each signatory band. There is little assurance that these future provisions will be any less tilted against the interests of women and their children than the results of the current system.
The minister of Indian affairs must get her head above the sand. The very people she is claiming to assist are the ones who are being left in the cold. She must develop a clear communications network between all participants, particularly the grassroots members. This is the only way we are going to develop trust between the parties. An open and honest consultation process is essential. Currently this is not the case. Many of the existing problems can be traced back to these fundamental communication breakdowns.
A communication network is essential outside the bands too. There are a lot of communities that deal with the band councils daily on a business level. They need to be assured that there will not be confrontational styles of relationships.
Bill C-49 will not provide enough assurances to outside communities that land codes will be consistent and in harmony. We could end up by having the new industrial area right next to the newest park. We could have homes placed in the path of pollution. I am sure we could think of many other examples. It is important to co-ordinate these efforts with the surrounding communities. We must remember that people who live together must work together too.
There are also concerns that one level of government with powers restricted from others will cause problems and inhibit the co-operation I have been promoting. There is a concern long before lawyers get hold of C-49. After lawyers get hold of C-49 we could be in for the ride of a lifetime, especially when dealing with clauses 20 to 24.
How can lawmaking powers associated with criminal law be given to band councils? Is this not the role of parliament? Is that not unconstitutional? There are many, many questions that have to be asked about this bill.
I fully recognize the good intentions underlying this bill and I know a great deal of work has been done in developing it. However, we cannot pass legislation that opens a legal can of worms.
I support development on the reserves. It is important that aboriginals be free to contribute to their immediate and surrounding communities as they see fit. If C-49 passes, we will see disputes and mistrust long before we will see co-operation and harmony. We must remember that it has historically been these disputes and mistrusts that have prevented many bands from proceeding with development long before now.
This bill is not right and in my humble opinion it should not pass.