Mr. Speaker, I welcome the opportunity to discuss the Nisga'a treaty and to address the motion before us today.
I will make one prefacing remark on what the minister said, and I think we should all remember it. All debate is legitimate. All of us may not agree on debate in that we may have different points of view coming from different areas of the country, but all debate is legitimate. I welcome this debate even though I do not agree with everything that has been said today.
The motion deals with a number of issues affecting not only the Nisga'a treaty but also other tangential aspects that have been discussed in relation to the treaty, issues such as the Musqueam first nation in British Columbia, a subject I want to touch upon later.
I have had the opportunity to meet with members of the Nisga'a first nation on two occasions to discuss this treaty. It is my intention to travel to British Columbia this summer to look at the situation on the ground in B.C. and to speak not only to members of the Nisga'a Tribal Council but to Nisga'a members themselves and to the non-native population in and around the Nass Valley. I am hoping to have the opportunity to meet with all members in the area.
The Nisga'a treaty is the first modern day treaty to be signed in British Columbia and represents the end of a long process by which the Nisga'a people want to have their own land claim recognized. The treaty will provide the Nisga'a people with an opportunity to gain greater self-reliance and self-sufficiency. Moreover, it recognizes their inherent right to self-government.
The PC Party supports initiatives that advance these objectives. That is why we have supported legislation like Bill C-49, the First Nations Land Management Act. That bill will allow 14 first nations to take control over the management of resources on reserves. It removes them from the overbearing and restrictive requirements of the Indian Act, something that is taken even further in the Nisga'a treaty.
The Nisga'a treaty covers a wide range of issues since it will provide the Nisga'a people with not only 2,000 square kilometres of land but a Nisga'a only commercial fishery and salmon allocation, jurisdiction over the judicial system, a police force, and an environmental assessment and protection authority. At the same time the Nisga'a people will begin to pay taxes on a phased in approach over eight and twelve years.
The motion before us today specifically mentions the Musqueam first nation and the problem which has erupted between the tenants and the first nation regarding third party leases. This problem is obviously contentious and has been generating significant amounts of attention.
As a member of the Standing Committee on Aboriginal Affairs and Northern Development I have had the opportunity to listen to the concerns of representatives of the Musqueam park tenants. Their problems are to a great extent due to the lease rates established in their lease agreement. This is the kind of problem that could occur anywhere in Canada and is not restricted to first nation agreements.
Anytime someone enters into a lease agreement it is important to understand the implications of the terms of that agreement. On the other hand, the Musqueam park tenants are now faced with significant financial obligations. Obviously no one wants to see the same situation repeated on Nisga'a land.
A dispute like the Musqueam one hurts all parties involved since the negative publicity decreases the value of the land. This is a problem for both the tenants and the landlord because it is a source of revenue for first nations to be able to lease land to third party members.
With the Nisga'a people facing unemployment levels of around 60%, I assume all options for revenue generation will be considered. In fact that is one of the advantages of the treaty not only for the Nisga'a people but for the surrounding communities. With a compensation package of $190 million there should be economic spinoffs for neighbouring communities as well as for the Nisga'a people.
Looking at specific aspects of the Nisga'a treaty, I have some concerns about things like the salmon allocation and the commercial fishery for the Nisga'a people. This was something I raised at the meeting with the Nisga'a people. I understand that they have a vested interest in ensuring that a sustainable and a healthy fishery exists. At the same time, however, I question the impact it will have on future treaties which will be negotiated in British Columbia and on the commercial fishing industry in general.
The Nisga'a treaty may not be a template for future treaties but it will nevertheless set a benchmark against which to compare agreements. The Sechelt first nation has recently reached another step toward its own final agreement and it is different in many aspects from the Nisga'a treaty.
There will be future treaties that will look at what the Nisga'a treaty has and has not accomplished and be negotiated based on that information. The impact this will have on the commercial fishery in British Columbia is something that will be determined some time in the future but should be considered now.
The motion suggests that the question of the Nisga'a treaty changing the constitution and therefore requiring a referendum in British Columbia should be addressed by the supreme court. While I do not have the legal background to address this issue and do it justice, I suggest that past events would point to other avenues.
Parliament has been criticized for giving greater power to the judiciary. It is interesting that the Reform Party in particular has been quick to state on a number of occasions that the judiciary is too involved in the shaping of public policy in the country. It has stated that judges should not legislate yet the motion today calls for a reference to the supreme court. Is this a double standard? It criticizes using the supreme court on issues of public policy yet when it is something it does not like it is quick to propose using the courts.
I conclude by saying that the Nisga'a treaty is a step in the right direction. The supreme court made it clear in the Delgamuukw decision that negotiated settlement is the way to proceed with land claims. This is an example of such a process, one that the Conservative government recognized in the 1980s when the process was ongoing.
It will be an interesting debate when the legislation for this treaty is introduced to parliament. I look forward to addressing it at that time.