Mr. Speaker, I rise in the House to speak to Bill C-222 introduced by the member for Wild Rose. This bill, the first nations ombudsman act, would establish the office of an ombudsman to investigate complaints of an administrative, financial or electoral nature concerning first nations people.
We have all read in the papers about mismanagement on first nations in Canada and how more than $4 billion provided to first nations in transfer payments did not always reach the intended recipients.
The problem with this is that it has given some people the false sense that all first nations are poorly managed, when in fact many first nations manage themselves extremely well. It is the examples of mismanagement and misconduct that make the news and malign the efforts of other first nations.
This does not mean however that an ombudsman's office is not a good idea. On the contrary, this suggestion has a great deal of merit.
The member for Provencher was stating that he did not think this was a good idea and that he did not believe the government would go along with this because somehow it would mysteriously change the way we do business. Yet our own government has an ombudsman's office and should have an ombudsman's office.
Many organizations, including governments, make use of similar offices to provide people with an avenue by which they can lodge a complaint and feel that their concerns are being addressed.
As members of parliament, all of us have had occasions where we have either advised constituents of the presence of an ombudsman's office or, as a last resort, when a constituent feels that an ombudsman still has not responded satisfactorily to the problem, we have sent him or her to a higher office. Every member of parliament in the House, I am sure at one time or another, has used an ombudsman's office or has suggested that a constituent use an ombudsman's office.
The establishment of a similar office for first nations would be an effective and useful means of addressing concerns of aboriginal people, whether it be matters resulting from alleged unfair election practices or financial or administrative problems.
As the PC Party's critic for Indian Affairs and Northern Development, I had heard from aboriginal people on numerous occasions who have expressed their frustration with the lack of options available to them when they question the procedures or processes of the band chief and council. An independent ombudsman's office would provide a possible solution and would be in a position to assess information and respond to complaints.
Furthermore, it would allow aboriginal people to air their grievances when they feel they have been ignored by the chief and council or are unwilling to discuss it in a more public format. In some cases ombudsman's offices will only investigate an issue if all other avenues have been explored. In the case of first nations, however, it would be more effective if the ombudsman's office could be contacted at any stage or whenever a problem arises. It is my understanding that this bill would not limit access to the ombudsman's office.
In addition, the bill would allow any member of a first nation community to avail himself or herself of this service whether they live on or off reserve.
Under the provisions of the bill, the ombudsman would be appointed for a term of five years with the governor in council making the appointment on the recommendation of the minister. First nations would be involved in this process by making representations to the committee that would then report to the minister. It is important to ensure the impartiality of the ombudsman and this process would distance the first nations from the appointment of that ombudsman, otherwise the effectiveness and objectiveness of this office would be jeopardized.
In places where there have been questions about the legality of election processes or allegations of inappropriate use of band funds, there is currently little opportunity for aboriginal people to lodge a complaint except with the people who are often implicated in that same complaint.
Obviously this is not an ideal situation and does little to alleviate the problem. The only other course of action available is to complain to the Minister of Indian Affairs and Northern Development or to members of parliament, particularly those in the critic area or with in whose constituency the first nation falls.
The federal government has a fiduciary responsibility to aboriginal people and has the obligation to work on behalf of aboriginal people to protect their rights. This is an onerous responsibility that is sometimes misunderstood. The bill would acknowledge that first nations people also have to rely upon themselves and their organizations and elected bodies to protect their rights and access to services. Instead of having to outline their complaints to the minister of Indian affairs, they would have an independent ombudsman's office that would address their concerns. With the input of first nations, this process has the potential to help first nations people assume greater responsibility and accountability for their actions.
In some cases band members are not able to access the information that would help them prove their allegations. The bill would provide an ombudsman with the power and authority to access such records. At the same time, it would be at the discretion of the ombudsman as to what constitutes reasonable grounds for an investigation.
As I said earlier, I feel the bill has a lot of merit. There are always misunderstandings or misdemeanours that can easily be addressed if the proper process is put in place. The establishment of an ombudsman's office is one solution that could help first nations better serve their communities and, in the long term, provide better service, more transparency and accountability.
These are objectives that all governments and institutions strive to achieve with varying degrees of success. It is always a good idea to explore new options and possibilities for improvement.
The bill is a worthy proposal. It is not without some problems but the idea of an ombudsman's office should be embraced by the government and by all members of parliament. It would seem only natural that there be someone to whom ordinary citizens of Canada could turn to when they have questions or when they feel they have not been treated fairly by the authorities. All other segments of Canadian society have an ombudsman's office somewhere that they can turn to. Why should we exclude the ombudsman's office from first nations communities?