Madam Speaker, if I used the word misled I withdraw that word, but I do not believe that I used that word. I think what I said was misrepresentation, and there is a big difference between those words.
It is another illustration of not listening properly to the grassroots and not even listening properly in the House. The time has come for us to get real and honest about these kinds of things.
We need to recognize what the legislation is attempting to do. It is to draw some very clear boundaries. Some people would call them fences. There is a proverb that says good fences make good neighbours. My good friend who is one of these land surveyor types says good laws build good fences.
What we are trying to do tonight is build a law that is better than the one that is being proposed. A fence is being proposed here but it has holes in it, some pretty big holes in it. It is through those holes that we get some difficulties.
I want to put clearly on the record for members opposite to hear and for my colleagues to support that we recognize among our first nations that we have some of the proudest and most respected citizens of the country. They are hard working people. They are patriotic. They do the kinds of things we want done in the country. The fact that they want some self-determination, that they want to preserve their culture, is a demonstration of how strongly they feel about themselves.
The first nations of the country have a tremendous reason to be proud. In the face of tremendous opposition and difficulty they have maintained their culture. That is why we have this legislation before the House.
I recognize that and commend them for it. I also recognize that they should not have powers that are unique, better or different from those that exist for all other Canadians. We are before the law, before the Constitution, equal Canadian citizens of Canada. That is an issue we do not want to forget.
There are some technical difficulties with the bill as well. I want to deal with them now. First I deal with the question of powers. The bill gives powers to the council to enforce the standards that exist under federal environmental law. It gives it powers to go beyond the provisions in the environmental law with regard to assessment and with regard to the process of projects with environmental implications.
Let me read subclause 21(3). It is a rather interesting clause:
First nation laws respecting environmental assessment must provide for the establishment, in accordance with the Framework Agreement, of an environment assessment process applicable to all projects carried out on first nation land that are approved, regulated, funded or undertaken by the first nation.
There is a separate set of observations. They must be within the standards set up by the legislation, but beneath that there is a process and there are details that can be changed by the first nation. As a consequence it can be delayed. It can be altered. All kinds of things can happen. This is not to suggest that they would do this. The idea is to create a law that creates fairness and equity for all participants who are affected by that law. That is what we are concerned about. That is a very significant issue.
The bill before the House says that the band or the council shall have a land code. That land code shall include, according to subclause 6(1)(f), a community consultation process. However, subclause 10(1) reads:
If the verifier determines that a proposed land code and a proposed community approval process of a first nation are in accordance with the Framework Agreement and this Act, the council of the first nation may submit the proposed land code and the individual agreement to the first nation members for their approval.
That is interesting. In the first instance the council must have a land code. That land code must provide a consultation process. However, in terms of the actual land code there is no approval process for the members who will be directly and indirectly affected by that land code before it is approved. That is very interesting. It puts the power in the hands of the council utterly and completely.
We know that whenever we put absolute power into the hands of a group, whether it is a first nation group or any other kind of a group, it has the potential of abusing that power. I do not want legislation to provide that kind of an opportunity. I want the legislation to provide checks and balances to power so that it will not be abused. I not suggesting they will; I am suggesting we want to make sure that they will not. This is the business of building a fence that does not have holes in it.
Motion No. 6 is a very clear motion. It says that there shall be consultation with the band council that has a land code with surrounding communities. It does not say that there has to be agreement on everything. The best solutions are usually found when there are opposing positions or there are different viewpoints on something. We are asking for consultations so that we can bring about a better resolution than is the case at the present time. That is not provided for in the bill.
We must provide for that kind of consultation and make it mandatory. Members opposite have heard the letters from the bands, from municipal councillors and from the mayors. We are trying to help them. Will they please listen.