House of Commons Hansard #78 of the 36th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was public.

Topics

First Nations Ombudsman ActPrivate Members' Business

5:30 p.m.

Liberal

John O'Reilly Liberal Victoria—Haliburton, ON

Madam Speaker, I am glad that I have struck a chord with the party formerly known as the Reform Party.

Our government wants to work with first nations, not to put them down, not to demean them, not to make them crawl into line somewhere in the former Reform Party's policies. First nations must have self-reliance. They cannot have a continued state of dependency. We would rather work with first nations as partners, not dictate to them like parents. In short, we would rather build for the future than return to the past.

First Nations Ombudsman ActPrivate Members' Business

5:35 p.m.

Independent

André Harvey Independent Chicoutimi, QC

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.

First Nations Ombudsman ActPrivate Members' Business

5:40 p.m.

Reform

Leon Benoit Reform Lakeland, AB

Mr. Speaker, do I have a minute or so to make my presentation?

First Nations Ombudsman ActPrivate Members' Business

5:40 p.m.

The Acting Speaker (Mr. McClelland)

The debate will continue until 6 p.m., at which time we will have a 15 minute bell and then we will vote.

First Nations Ombudsman ActPrivate Members' Business

5:40 p.m.

Reform

Leon Benoit Reform Lakeland, AB

Mr. Speaker, I understood the debate would be over at 5.45 p.m. I really appreciate having this chance to speak.

Bill C-222 was presented to the House by the member for Wild Rose. If this bill passes, it will put in place the position of ombudsman for aboriginal people to go to if they are having difficulties dealing with their leadership or a band dealing with another or situations like that. The member is to be commended for bringing this piece of legislation forward.

This was one of the recommendations of the Lakeland aboriginal task force which I set up in my constituency in 1997 shortly after the election. After the election, the new part of my constituency took in eight Indian reserves and four Metis settlements for a total aboriginal population of about 30,000 people. I immediately started getting phone calls from people who had real concerns about issues like housing, alcohol and drug abuse on their reserve and the lack of accountability as they saw it on the part of chiefs and councils on their reserves. It was not just one or two isolated calls.

As a result, I set up a task force made up of four aboriginal people and myself. Over the next several months we met with people in a three step process. First, we met confidentially, one on one. Second, we sent out questionnaires and had several returned. Third, we had three public meetings in the constituency. Some very interesting things came out of this process.

I will refer particularly to the recommendation which deals directly with what we are talking about. That is recommendation number four under the category of democratic accountability. It says that “the government must establish an arm's length body, an ombudsman or agency to hear and act on the confidential concerns of aboriginal Canadians”. This proposal came from people who made presentations to us throughout this process. It was a recommendation that was almost unanimously supported by the hundreds of people who took part in this process.

The suggestion came up because there were many people who felt alienated from their band or settlement leadership, as well as from the Department of Indian Affairs and Northern Development. Some speakers at this meetings said they did not feel comfortable in approaching Indian Affairs and Northern Development because they had seen people who had felt negative repercussions when they did so in the past. Even when they approached Indian affairs in confidence, often the exact message that they took to it got back to the chief and council. They did not feel they could trust Indian affairs to keep their confidential issues confidential. That is why they felt they needed an ombudsman.

In many cases, they felt the problem was with the leadership of the chiefs and councils. That is not the situation in every case, nor would I ever say that is the case. However, it is a very common problem and we cannot ignore that.

The Liberal member who spoke previously said that it was very unusual to have problems of the lack of accountability on reserves. He either does not understand the reality or he is trying to minimize the problem. It is a very common problem across the country. It is not only the eight reserves in my constituency.

This is what was said in one presentation:

“A lot of people in my community have been discriminated against (by chief and council),” said one participant. “Where do you go in your community for help? Higher government just refers it down to the local elected officials. We need something for grassroots people who can't speak out right now, because they know there is a price to be paid. An advocate, or an arm's-length agency. A hearer of all injustices within the aboriginal community.”

That is what this person said when presenting to the aboriginal task force.

They did acknowledge that the logistics of setting up the ombudsman position might be quite difficult, but it is something they felt was worth the effort. That was a point which was made very clear.

They suggested that the ombudsman should be in place for a time period very similar to what this private member's bill suggests. That is part of the reason I suggest this is a good bill.

The minister of Indian affairs on several occasions has said in the House that he really cannot deal with issues when they arise on reserves. He cannot deal with problems on reserves because that is the responsibility of the leadership on the reserves.

It is an interesting point because the first thing is that the minister of Indian affairs absolutely has responsibility for what happens on reserves. It is clear in Canadian law. He is abdicating his responsibility.

Second, how is it that the chiefs and council members are going to deal with problems brought to them when the problem in many cases is themselves? It is the chief and council. That is where so many members who presented before the task force made the point as strongly as they possibly could.

“It seems like a hopeless situation”, they said. “We can see a situation where our council, including the chief, is misspending money. We know this is happening and we have nowhere to go. We see situations where we know elections have been unfair and we can point to particular problems in the election process, but we feel we have nowhere to go.”

This is the type of feeling which came up again and again. I believe this ombudsman position will help deal with part of that problem.

I congratulate the member for Wild Rose for bringing this forth. I know that he brought this bill forth because he heard from grassroots aboriginal people right across the country, including the members in the gallery. He heard from them that the situation is desperate, that they do need someone to go to, that they cannot always go to leadership because in many cases the leadership is the problem.

What does the minister of Indian affairs suggest when we bring these problems to him? He says, “Well, you know, you have to leave it up to the band because we have self-government”. He talks as if the bands in this country are a separate level of government, that they are somehow an equal government, to be treated equally with the federal government. That is the way he talks.

When we raise these issues, he says that he has no way he can deal with the problem. He says that the answer to the problem is self-government and more responsibility to chiefs and councils. I believe that that is the case. That is part of the answer, more ability on the part of leadership to deal with the problem, but in terms of fiscal accountability, electoral accountability and fair elections on reserves, we can only go to a system where there is more self-government where these issues are dealt with. They have not been dealt with.

It is interesting what people at one of the public meetings said on exactly this issue. One member speaking at one of the public meetings, and this was covered on television, said, “Ron Irwin has sent a memo out to reserves saying that no one would be forced to take self-government until everyone was ready. We had a referendum and said no. Now Jane Stewart, we are feeling, is being pushed into it.”

At a public meeting of about 70 people in St. Paul, Alberta, I asked this question. I asked, “How many of you think that we should be moving to a system of self-government now?”. One hand out of the 70 went up.

I asked the question another way: “How many of you feel we should not be going to self-government until the problems of accountability are dealt with?” All the hands went up except one.

Self-government is not the answer until accountability is put in place. This ombudsman will help deal with the situation of a lack of accountability. I applaud the member and I will support this bill. I hope everyone in the House will support this bill.

First Nations Ombudsman ActPrivate Members' Business

5:55 p.m.

Reform

Jim Abbott Reform Kootenay—Columbia, BC

Mr. Speaker, I want to say that this is a very personal issue to me. My wife and I visited the home of an aboriginal family. We were confronted by six women. One of the women there was just completely shaken with the fact that the chief and council had removed her family from her. She had no place to go. The host who convened this meeting had helped her get her family back by going to the provincial authorities. By doing so, this woman now has her family back. She was really shaken with the concept of self-government because with self-government, where would she go?

That is not the end of the story. The end of this particular story is that the host of this meeting and her family were then told that they must leave the reserve because the people on the reserve, the chief and council, said that they had a requirement for housing, notwithstanding the fact that there are 11 vacant houses on that reserve.

She was not only required to leave, but she was literally frozen out of her house last winter when the chief and council saw to it that the power and water were turned off at her home.

The issue of the ombudsman is a real issue. It is a gut level issue that I have seen and I have experienced. This is something that absolutely must happen if the government is set on the idea of going ahead with self-government. Along with self-government there must be the position of ombudsman.

First Nations Ombudsman ActPrivate Members' Business

5:55 p.m.

Liberal

David Iftody Liberal Provencher, MB

Mr. Speaker, I rise on a point of order. I understand and I have agreement with the members from the opposition, and I am sure that the House would agree, that the mover of the bill, the member for Wild Rose, be given the last few minutes remaining to speak and summarize on the bill.

First Nations Ombudsman ActPrivate Members' Business

5:55 p.m.

The Acting Speaker (Mr. McClelland)

Do we have the unanimous consent of the House that the hon. member for Wild Rose will have until 6 p.m.?

First Nations Ombudsman ActPrivate Members' Business

5:55 p.m.

Some hon. members

Agreed.

First Nations Ombudsman ActPrivate Members' Business

5:55 p.m.

Reform

Myron Thompson Reform Wild Rose, AB

Mr. Speaker, I want to thank all the members in the House of Commons who participated in the debate. I appreciate their opinions. Although we may not agree with some of them, we certainly do appreciate hon. members having a say.

I would like to especially express my appreciation to the thousands, and I mean thousands, of grassroots natives across this country who have taken the time to support the bill and have input with Leona Freed to put together a final 200 page report that we have released today which is available to all members of the House of Commons. I encourage each and every one of them to get a copy of that.

I am making a last plea on behalf of the aboriginal grassroots people, many of whom are with us today in the gallery. I am pleased to have them here. We are looking for support on the bill.

I would like to remind all members that this is a very serious consideration. There is not one member, you, Mr. Speaker, myself, every member in the House of Commons, any citizen in Canada who does not have access to am ombudsman to help deal with grievances in their lives. The only people that does not apply to are natives who live on a reserve. Is it not about time that these people who live on the reserves have the same equality that each and every one of us in the House and across this land enjoy?

These kinds of inequalities must not exist. If hon. members vote no, they are saying no to equality and they should remember that. Hon. members do not want equality on the reserves if they vote no. I encourage hon. members to support these people and I encourage them to remember that the basis of all of this is a plea for accountability. A no vote means no to accountability. I will remember how hon. members vote.

First Nations Ombudsman ActPrivate Members' Business

5:55 p.m.

The Acting Speaker (Mr. McClelland)

Pursuant to the order made earlier today, all questions necessary to dispose of the motion are deemed put, and a recorded division deemed requested.

Call in the members.

The House resumed consideration of the motion and of the amendment.

SupplyGovernment Orders

6:15 p.m.

The Speaker

Pursuant to order made earlier this day, the House will now proceed to the taking of the deferred recorded division on the amendment relating to the business of supply. The question is on the amendment.

(The House divided on the amendment, which was negatived on the following division:)

Division No. 1259Government Orders

6:25 p.m.

The Speaker

I declare the amendment lost.

The next question is on the main motion.

Division No. 1259Government Orders

6:25 p.m.

Liberal

Bob Kilger Liberal Stormont—Dundas, ON

Mr. Speaker, I believe that you would find consent to apply the results of the vote just taken on the amendment to the main motion.

Division No. 1259Government Orders

6:25 p.m.

The Speaker

Is there agreement to proceed in such a fashion?

Division No. 1259Government Orders

6:25 p.m.

Some hon. members

Agreed.

(The House divided on the motion, which was negatived on the following division:)

Division No. 1260Government Orders

6:25 p.m.

The Speaker

I declare the motion lost.

Division No. 1260Government Orders

6:25 p.m.

Liberal

Rey D. Pagtakhan Liberal Winnipeg North—St. Paul, MB

Mr. Speaker, I regret that I was tied up with a constituent. I would like on this motion to vote with the government, of course.

Division No. 1260Government Orders

6:25 p.m.

The Speaker

Your vote will be recorded.

The House resumed from March 30 consideration of the motion in relation to the amendments made by the Senate to Bill C-6, an act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act.

Personal Information Protection And Electronic Documents ActGovernment Orders

6:25 p.m.

The Speaker

Pursuant to order made on Thursday, March 30, the House will now proceed to the taking of the deferred recorded division on the motion relating to the Senate amendments to Bill C-6.

Personal Information Protection And Electronic Documents ActGovernment Orders

6:30 p.m.

Liberal

Bob Kilger Liberal Stormont—Dundas, ON

Mr. Speaker, with the exception of the hon. member for Broadview—Greenwood, I believe you will find that there is unanimous consent for the members voting on the previous motion to be recorded as having voted on the motion now before the House, with the Liberal members voting yes.

Personal Information Protection And Electronic Documents ActGovernment Orders

6:30 p.m.

The Speaker

Is there agreement to proceed in such a fashion?

Personal Information Protection And Electronic Documents ActGovernment Orders

6:30 p.m.

Some hon. members

Agreed.