Mr. Speaker, I am pleased to speak today on Bill C-49, the first nations land management act.
Like my colleagues, I am not happy with the government's evoking time allocation for the 48th time. I certainly hope the government resists the temptation to invoke time allocation on certain other bills. As I understand, next week it may do the same on Bill C-55.
I come from a riding with 13 Indian reserves. Bill C-49 will have profound implications from what I have heard today. I hope the government slows down the process and consults the aboriginal community certainly at the grassroots level before passing this bill.
I want to focus today on the issue of simple fairness as it relates to Bill C-49. Bill C-49 proposes to give significant jurisdiction to certain Indian bands, including the authority to collect taxes from residents on reserve land.
Bill C-49 fails to take account of how these jurisdictions affect residents on reserve lands who are not status treaty Indians. So far in dealing with the residents of the Musqueam development of lower mainland B.C., the Musqueam band is proposing the collection of horrendous rents from resident leaseholders.
The Musqueam's proposed rent will have the effect of driving residents who own homes built on leased lands out of their homes. I have received briefs from the people who are affected by this proposed change to the act. They have had numerous town hall meetings and have many issues to be concerned about.
In some cases the band's rents are driving out senior citizens who have resided on the Musqueam development for the past 30 years. Annual rental payments for each lot are now in the range of $28,000 to $38,000 depending on lot size. Currently rents are based on a percentage of the property value if these properties were owned outright, including the land. The homeowners do not own the land on which their homes sit. Property taxes have recently been doubled into the $7,000 range by the band's taxation authority. The homeowners' only recourse is through the courts. Currently they are pursuing their case before the Supreme Court of Canada.
The homeowners have no voice on the Musqueam band council nor with the band's taxation authority. The are not entitled to vote in band elections. Even if homeowners choose to pay unreasonable land rent, they know their homes are now rendered worthless.
Under Bill C-49 the Musqueam band will obtain sweeping powers of expropriation. Bill C-49 restricts recourse to the courts of the provinces and of Canada. Under Bill C-49 charter protection is no longer guaranteed. Where is the fairness in this kind of legislation. Why is the Indian affairs minister pitting Canadians against Canadians? In the name of fairness to all stakeholders the Minister of Indian Affairs and Northern Development should withdraw this unfortunate bill forthwith or certainly approve its amendments.
Most Canadians believe the granting of self-government powers to first nations is a reasonable solution to historical problems. However, the manifest unfairness of Bill C-49 is its effect on non-natives who have property interests on first nation reserve lands.
I have been asked to bring forth to the House concerns about the Musqueam band issue. The first nations law that Bill C-49 enables will apply within the boundaries of reserve land. Therefore people can choose whether to subject themselves to such laws based on whether they choose to enter reserve lands. However, the reason Bill C-49 would be outrageously unfair to existing non-native leaseholders on reserve land is that such leaseholders would be automatically subject to any new first nation law. Whether they approve or not by virtue of their pre-existing leasehold interests, choice is effectively violated.
I will present to the House some thoughts on the Musqueam situation vis-à-vis Bill C-49. This is seen as a squeeze play by the federal government. The government can give away all the self-government power it wants provided that it is acting fairly to all parties involved. In other words, people caught in the middle like leaseholders on reserve land should not be destroyed in the process. It is only reasonable. After all, this is supposed to be a democratic country.
This is also seen as an abuse of power. The powers granted under Bill C-49 are much too broad and are apparently not restrained by checks and balances. Unchecked power tends to abuse, as we all know in the House. In this case the law is giving aboriginal bands the right to abuse with impugnity. Bill C-49 would be all right if there were some safeguards, for example guaranteed charter protection for the non-native people who live on the reserve.
Concerning the lessons of history, the American revolution was in part fought over this issue. The Americans objected to the authoritarian rules of the British monarchy and thus revolted in order to establish a system of government with fundamental checks and balances to counter the supreme power of the leader. Today in Canada our system of government follows this model, supposedly. It is known as democracy.
On Bill C-49 in the context of appeasement, appeasement does not always work since the party receiving the benefit will invariably ask for more power in the future. Just ask Prime Minister Chamberlain before the outbreak of World War II.
Another thought on this bill is future uncertainty. Once a break occurs, no one can control the direction in which it spreads. Bill C-49 grants wide, sweeping powers. Once established the future evolution and scope of the powers cannot be predicted with any degree of certainty.
This dynamic evolution of law is a fundamental element of our common law system. Therefore, once such broad powers are granted, they may be very difficult to restrain, since they will be able to use the full force of the legal system in the fight to keep such powers entrenched. Before granting such powers, the government should carefully consider all of the downside permutations lest there be future regrets.
The Musqueam situation is unique. It is a 10 sigma event, one that just happens to fall through all the cracks. The three pronged combination of property taxation, rental dispute, and Bill C-49 expropriation could be used to destroy the leaseholders completely. In other words, the leaseholders can be hit with any of the prongs in any order to maximum effect. The catch is that it is perfectly legal.
On the provisions of Bill C-49, clause 28 deals with expropriation. Expropriation can occur for any first nations purpose. In other words, it is effectively carte blanche. Expropriation takes effect from the moment of its registration or 30 days, whichever is shorter. In other words, it can have immediate effect.
Fair compensation is to be paid along the lines of fair market value. In the case of the Musqueam, current FMV is zero. Appeals of fair compensation are to be had through their own internal review structure, one that is sure to confirm any initial assessment. It is uncertain whether or not the usual courts of Canada can be engaged in reviews of fair compensation. It is arguable that they are not since this bill is essentially granting powers of self-government.
I would like to close by stating that self-government by the bands means that they are being granted the right to write their own criminal legislation along with penalties. Penalties follow the summary conviction stream, meaning the maximum penalty is either a $2,000 fine or six months imprisonment. They are also being given the power to hire their own justice of the peace and police.
The combination of all the powers under this section would effectively allow a band to create its own criminal justice system. And the application of the charter is uncertain. Therefore, there is no guarantee of fairness or due process. This is very alarming.
I urge all members of the House to support the amendments.