Madam Speaker, I would like to congratulate my colleague from Wild Rose for bringing forward Bill C-222. The purpose of this bill is to create the position of a First Nations Ombudsman to investigate complaints relating to administrative, financial or electoral problems between members of first nations communities.
My colleague from South Shore—who has been working very hard on this—and my colleague from Madawaska—Restigouche have already spoken in favour of this bill. They have said that the Progressive Conservative Party supported it because it was important for all levels of government and private enterprise, including the first nations in this instance, to be accountable.
We have all read the newspaper reports about poor administration among Canada's first nations. This problem has drawn media attention in the maritime provinces, Nova Scotia in particular. Members of two Nova Scotia bands have accused their governing councils of mismanaging the funds received from the federal government for the welfare of the entire band membership. In some cases, the question is not whether the band has administered the funds correctly, but whether it can justify their use.
More serious still, an internal audit at Indian and Northern Affairs Canada has revealed that the department does not know which bands have filed complete, detailed statutory financial statements, because of poor co-ordination between the regions.
The department has no mechanisms by which it can verify the administration of these various sectors. Audit has revealed that monitoring of compliance was inconsistent and that, as a result, the Crown was at risk of additional responsibility if monitoring by INAC staff was insufficient or inconsistent.
According to the evaluation, there were four other factors with potential negative effects on compliance with the terms of the agreements. In certain cases, indicators of measurable performance were not clearly defined in the funding agreements, resulting in imprecise reports by recipients and imprecise monitoring; post-audit follow up on qualified opinions and reports of non-compliance was not uniform; payment authorizations were not always supported by satisfactory compliance reports; regional quality control assessments of the compliance monitoring process were limited.
The Department of Indian Affairs and Northern Development gives first nations close to $4.6 billion so that they can provide their members with social programs and services. Unfortunately, this money does not always reach those for whom it is intended.
However, it is obvious that not all first nations are badly run. On the contrary, many aboriginals are very well served by their chief and their council. It also happens that some bands have trouble managing their money properly because of a lack of training or for a number of other reasons.
Some first nations are progressive and have created programs designed to help their members achieve social and economic stability, and they are to be congratulated. However, even in their case, a ombudsman could provide an important service. People need an office to which they can turn for information or with which they can lodge a formal complaint and be sure it will be investigated impartially and independently. The establishment of the office of ombudsman does not mean that there are major management problems to be resolved, although one of the ombudsman's duties would be to look into these problems to make sure that the money is getting to the right destination.
This bill is nothing new. Many provincial governments, businesses and public organizations have created the position of ombudsman to improve client relations.
These offices provide people with a means of raising issues that they feel have not been appropriately resolved through other channels.
I think that the creation of the office of first nations ombudsman would be an effective and useful means of responding to the concerns of aboriginals, whether they have to do with electoral irregularities, or financial or administrative problems.
Aboriginals complain that there is no one to whom they can turn to challenge the way their chief or band council is doing things. The position of independent ombudsman would be one possible solution, since the incumbent would be able to get to the bottom of complaints lodged with his office.
In addition, it would allow aboriginals to pursue their grievances when they felt they had not been listened to by their chief or their band council, or when they did not want to discuss them openly.
Under this bill, any first nation member could use this service. Some aboriginals have expressed their support for the creation of the office of first nations ombudsman. They recognize the role that an ombudsman would play as an intermediary between aboriginals and their chief or band council. It would be a means of encouraging aboriginals to suggest ways of improving their relations with their chief without fear of reprisals.
This bill sets out how the office of ombudsman would operate. For instance, it stipulates that the ombudsman would be appointed by the governor in council on the recommendation of the minister for a term of five years. The first nations would take part in the appointment process by making representations to the committee reporting to the minister.
I will not go into the details of how the office of ombudsman would operate. I see advantages to creating such an office, but I am not sure that it is a good thing to have the governor in council make the appointment. I think this should be reviewed, so that members of the first nations have a greater say.
It is only on the condition of being consulted and involved in the entire process that they will have confidence in the position of ombudsman. It is clear that the first thing to be considered is their opinion and their suggestions in the process of establishing this position.
The bill recognizes that aboriginal peoples must also look to themselves and their organizations and their elected bodies to protect their rights and access to service. Instead of complaining to the Minister of Indian Affairs, they will be able to turn to an independent ombudsman.
On condition that they are part of it, this process may help the first nations assume responsibility and accountability for their actions. As I mentioned earlier, I think this is a very valid bill. Misunderstanding and discord may often be resolved when a mechanism is in place for such purpose, and the position of ombudsman may be such a solution.
Improved services to band members, increased transparency and accountability are three objectives the office of the ombudsman can help achieve.
The federal government could draw a lesson from all of this. Too many departments are totally indifferent to these vital objectives all responsible governments must set for themselves. In recent months, it has become clear to taxpayers that there is a shortage of transparency and accountability in the Department of Human Resources Development and in other departments, and others to come.
More recently, similar problems have surfaced in the Department of Indian Affairs. If the position of ombudsman can contribute to transparency, efficiency and accountability, our party supports its creation.