Mr. Speaker, at the request of my colleague, the hon. member for Saint-Jean and Bloc Quebecois critic on aboriginal affairs, I am pleased to speak to Bill C-49, an act providing for the ratification and the bringing into effect of the framework agreement on first nation land management.
I would like to draw attention to the excellent work done by our colleague, the hon. member for Saint-Jean, who was unable to be here today. He has done excellent work on aboriginal issues since 1993, first of all by lending an attentive ear to the first nations, and also by raising awareness of the aboriginal reality in Quebec and in the rest of the country.
This framework agreement was signed by 14 chiefs of Canada's first nations, and the federal government, in February 1996. The bill was introduced just before the dissolution of parliament in June 1997, as Bill C-75, dying on the Order Paper when the election was called.
Aboriginal groups concerned by this bill worked very hard to get it back on the legislative agenda as soon as possible. They did an excellent job of lobbying the government and opposition critics.
The Bloc Quebecois lent them a hand in getting the bill back on the legislative agenda as soon as possible. I should point out that the 14 signatory first nations are dispersed throughout British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and New Brunswick.
The British Columbia first nations concerned are the Westbank, the Musqueam, the Squamish, the Lheidli T'enneh and the N'Quatqua.
I ask any aboriginal people listening to excuse my pronunciation. I lack my colleague from St-Jean's familiarity with these names.
The signatory in Alberta is the Siksika, while there are two first nations signatories in Saskatchewan, the Cowessess and the Muskoday.
In Manitoba, they are the Opaskwayak Cree; in Ontario, the Nipissing, the Mississaugas of Scugog Island, the Chippewas of Mnjikaning, and the Chippewas of Georgina Island. Finally, in New Brunswick, it is the first nation of Saint Mary's.
One of the key objectives of this bill for the 14 first nations is to allow them to establish their own system for administering their land and natural resources. It will allow them to manage the land and natural resources on their reserves. Land management will no longer come under the Indian Act. The Minister of Indian Affairs and Northern Development will therefore no longer have discretionary powers in this regard.
The bill makes provision for the 14 first nations to draw up a land code through a process of community approval. This land code will be used to resolve issues such as the use, possession and occupation of lands. Provision should also be made for the division of matrimonial property in the case of marriage breakdown.
The Bloc Quebecois is in agreement with the bill's underlying principles. My colleague, the critic for native affairs, has said in the House and in committee that he supports the spirit of the bill, which gives the 14 first nations the necessary tools to control their lands and thus ensure their economic development.
This bill is therefore one more step towards greater native autonomy. This principle of autonomy is consistent, moreover, with the recommendations of the Royal Commission on Aboriginal Peoples. Bill C-49 will therefore give the 14 first nations greater control over their lands and their economy.
In fact, the Standing Committee on Aboriginal Affairs and Northern Development has been studying the economic development of the first nations since last year. The members of the standing committee are trying to identify the obstacles to aboriginals' economic development, and there are many such obstacles, of which the worst is the Indian Act.
This legislation is paternalistic. It treats aboriginals like children and is a major impediment to their economic participation in their communities. This bill will mean that the 14 first nations can break free of the paternalistic clauses in the Indian Act and finally develop economically. The chiefs who appeared before the Standing Committee on Aboriginal Affairs and Northern Development on December 3 all spoke of this economic impact of Bill C-49 on their communities.
According to Robert Louie, head of the transitional land management commission, Bill C-49 will give first nations control over their resources and lands. They will be able to assume the responsibilities inherent in this control. It is a way of putting an end to the archaic and paternalistic attitude of the Indian Act and the federal government's power to administer their lands.
Chief Austin Bear of the Muskoday first nation of British Columbia told the members of the standing committee at this same session that his community, and many others, had missed out on opportunities for economic development because of the restrictive and paternalistic nature of the Indian Act.
He spoke about an American manufacturing company that had shown an interest in locating in their community. When told of the procedure that had to be followed, obtaining the approval of the Minister of Indian Affairs and going through all manner of red tape, their response was that they did not have time for that; it was too slow.
At the present time, the Muskoday first nation is also seeking to develop its tourism potential in partnership with others. If there is one thing Chief Austin Bear does not want, it is to miss out again on an opportunity to do business with an interested partner because the Indian Act deprives them of control over their resources and land.
We are very much aware that aboriginal people have a different concept than us about community, land and resources. The Bloc Quebecois aboriginal affairs critic has referred to this on more than one occasion here in the House.
Chief William McCue of the Georgina Island first nation in Ontario also touched briefly on the economic issues relating to this bill when he appeared before the standing committee on aboriginal affairs on December 3.
The Georgina Island community is located on three islands in Lake Simcoe, 60 miles north of Toronto. Its main source of revenue is the rental of 500 cottages, and the leases of most of these terminate on March 31, 1999.
This represents $1 million in revenue, which is used to finance various programs, including housing and community maintenance and infrastructures. Cottage rentals are therefore a source of operating income for the community, and create and maintain a number of jobs.
Chief William McCue raised one interesting point about the economic dynamics in his community. Most of those responsible for leases and therefore the management of the cottages on Georgina Island are women.
Despite these positive aspects of the bill, the Bloc Quebecois not only had reservations, it presented amendments. The Bloc Quebecois believes the native women will not have legal protection during the transition period leading to the signing of the land code in the reserve in the case of marriage breakdown.
To better understand the sense of the Bloc Quebecois amendments, we must recall the legal context of native women. Currently, they face a legal void, because the Indian Act contains no provision for distributing matrimonial property in the event of the breakdown of marriages between native men and women.
Native women cannot claim the same rights as Canadian women, who are governed by provincial laws. This situation causes concern to associations of native women in Canada and Quebec.
I refer specifically to the British Columbia Native Women's Society, the Native Women's Association of Canada and the Association des femmes auchtotones du Québec, which have made representations to the native affairs critic and the leader of the Bloc Quebecois expressing their concerns in this regard.
They convinced us to introduce amendments to protect native women legally during the transition period, the 12 months in which the land code comes into effect.
I must say that at the start of Bill C-49's parliamentary journey, the Bloc Quebecois put a lot of stock in the independent inquiry initiated by the minister of Indian affairs at first reading of Bill C-49 last June.
The purpose of this inquiry was to find solutions to the legal vacuum in which native women find themselves. But since the Minister of Indian Affairs and Northern Development has been dragging her feet, the inquiry has not even begun. The Bloc Quebecois had no choice but to move amendments concerning the claims of the native women of Quebec and of Canada.
An inquiry is a good way to examine the problem of the legal status of native women generally, for, in our view, the problem goes well beyond the scope of Bill C-49.
In fact, what is required is a complete overhaul of the Indian Act, an outmoded piece of legislation from the last century, which completely ignores gender dynamics on the reserves. We in the Bloc Quebecois believe that this reform is necessary so that legislation such as Bill C-49 can be enacted quickly, with prejudice to no one. In this case, it is native women who are affected.
I would add, however, that this reform of the Indian Act should not take place unless there is genuine consultation with all native groups in Canada. Only then would the legislation truly reflect native concerns.
Because the inquiry into the legal status of native women is stalled, the Bloc Quebecois has moved four amendments at report stage.
These amendments are necessary because of the foot-dragging of the Minister of Indian Affairs and Northern Development on this issue, for which she was strongly criticized by the native affairs critic at the time the amendments were moved. All these amendments are therefore based on the provision in the bill on environmental protection.
In fact, the Bloc Quebecois wanted to ensure that there are minimal standards for the protection of aboriginal women with respect to matrimonial property in the case of marriage breakdown. This protection is based on the existing legislation in this regard, that is, provincial statutes.
The amendments, which were rejected, amended clauses 17 and 20 in order to establish the minimal protection necessary during the transition period of 12 months following the taking effect of the land code, in which the 14 first nations are asked to include general rules and procedures, and I quote:
—in cases of breakdown of marriage, respecting the use, occupation and possession of first nation land—
This was taken from clause 17.(1).
There is another clause I would like to deal with, if you will allow, Mr. Speaker. I will only need in seconds.
This is clause 7, which was based on British Columbia's family heritage legislation. We hoped it would apply until general rules had been incorporated into the land code. We are very surprised—