Mr. Speaker, I too am very pleased to rise today to put our position forward and on the record on Bill S-24, the Kanesatake interim land base governance act.
I will start by echoing the comments of the member for Winnipeg Centre. A couple of days ago it was understood that we would be able to bring forward this piece of legislation, give it all readings and go to committee, come back to report stage and have this piece of legislation implemented fairly quickly. Certainly we in our party suggested at that time that it was a very important piece of legislation which should be able to go through the House unmolested.
I am very disappointed that we do not have that opportunity today and that the Alliance Party had, for whatever reason, a desire to impede the bill.
The bill, being an S bill, has had public hearings in the Senate. There are detractors and those who wish to put forward their concerns and difficulties with the bill. It has gone through that process. Unfortunately, for some reason the legislation is being held up by the Alliance Party. I am truly disappointed.
It is very good legislation. It deals with native self-governance, an issue that has been in the House for quite some time.
I will give a bit of background although I will not go back hundreds of years as did the hon. member for Winnipeg Centre. The Mohawks of Kanesatake, a place most of us know as Oka, live on a tract of land approximately 50 kilometres west of Montreal. The land has been set aside for the Mohawks but does not constitute a reserve. Its inhabitants include aboriginal and non-aboriginal peoples.
In 1990 unresolved aboriginal land claims erupted into the Oka crisis which we all recognize as one of the darker days in the history of this great country. Land claims disputes came to a crescendo in the Oka crisis, a crisis that, in my opinion, was not necessary.
The Mohawks erected barricades to block roads. At the request of the Quebec government, Ottawa sent Canadian forces into the area to resolve the confrontation and the ensuing conflict. As we all know, one Quebec police officer gave his life.
Over the past 10 years the Mohawks of Kanesatake have worked with the Government of Canada to resolve questions and grievances regarding land use.
In March of 1991, Kanesatake Mohawks and the federal government agreed on an agenda for negotiations.
In 1994 a memorandum of understanding over land purchases was signed between the Mohawks and the federal government.
In 1997 the Mohawks established their own police station and the federal government made land purchases in the name of Kanesatake.
On December 21, 2000, a new land governance agreement was signed between Kanesatake and the federal government.
Bill S-24 represents the culmination of 10 years of negotiations. It did not happen overnight. It was achieved through negotiations with the band, the Mohawk people and the federal government. The process began in 1991 and is finally, in 2001, coming to fruition in the House.
Bill S-24 would provide legal recognition of a land base for the Mohawks of Kanesatake. It would provide powers of law making, policing and other services by implementing the agreement with respect to Kanesatake governance of the interim land base.
Bill S-24 would ensure that lands in the Mohawk interim land base are reserved for Indians pursuant to the constitution but not as reserves under the Indian Act.
Bill S-24 would also provide a framework for the exercise of jurisdiction and would establish principles for the harmonious use and development of Mohawk lands. That is very important.
Under the legislation, the Mohawks of Kanesatake would have the legal capacity to acquire and hold property, enter into contracts, borrow, expend and invest money, and be a party to legal proceedings. These rights do not exist on reserve lands under the present Indian Act.
Bill S-24 would give Kanesatake Mohawks the ability to govern themselves as opposed to being forced to govern on the basis of the Indian Act.
The Mohawks of Kanesatake would also have the power to make laws formerly made at the municipal, provincial and federal levels. Subclause 7(1) of Bill S-24 states:
The Mohawks of Kanesatake have jurisdiction to make laws in relation to the use and development of the lands in the Kanesatake Mohawk interim land base, including in relation to
(a) the health and quality of life of residents;
(b) the protection and management of wildlife and fish;
(c) the observance of law and order and the prevention of disorderly conduct and nuisances;
(d) the prevention of trespass, including entry onto, or occupation of, the lands without lawful authority;
(e) residency;
(f) fire safety and fire protection services;
(g) the construction, maintenance, management and use of local works, including water supplies;
(h) the construction or alteration of buildings, including inspection in connection with the construction or alteration;
(i) zoning;
(j) waste management and public sanitation; and
(k) traffic regulation.
That list speaks to the abilities of a municipality. A municipality has the right to set laws with respect to fire and police protection, water, waste management and traffic regulations. Such bylaws are set by all municipalities. Bill S-24 would give Kanesatake Mohawks the right to make those rules and regulations for themselves and for their people. That is absolutely necessary if we are to achieve self-governance for Indian people.
While violators of those laws would be liable to punishment by the Mohawk of Kanesatake, fines or imprisonment could not exceed the limits established in subsection 787(1) of the criminal code. Kanesatake Mohawks could make laws but they could not exceed what is in the criminal code provincially or federally.
Subclause 8(1) of the bill specifies that Kanesatake Mohawks would not be governed by the Indian Act. That is a new way of governing. We should take the blinders off and see that it is the wave of the future. It is where we should be heading not only with this act and this band but with other bands across the country.
Before the Kanesatake Mohawks could enact the legal powers accorded to them by Bill S-24 they would need to adopt a land governance code that set out the law of the land. The code would establish rule of law, land use rules, conflict of interest rules, rights of appeal and redress, and procedures to amend the code. Again those same rules and criteria are necessary for the municipal level.
A land use plan must precede any commercial or industrial activity such as disposal of waste, storage or transportation of hazardous materials. A land use plan is important when planning a community. Kanesatake Mohawks must embrace a land use plan if they are to develop their lands.
Bill S-24 stipulates that Mohawk of Kanesatake law must be consistent with federal environmental protection standards and can exceed provincial environmental standards. This means that while Kanesatake would have rights over fisheries and hunting it would still need to comply with the Environmental Protection Standards Act and the guidelines set out by the provinces.
Bill S-24 would establish the process by which Kanesatake land use rules could be harmonized with the land laws of the municipality of Oka. That is an onerous task. The area inhabited by the Mohawk comprises many small land parcels which are occupied by aboriginal and non-aboriginal residents.
Bill S-24 addresses the issue of governance. It does not debate first nations treaty rights or other outstanding disputes and grievances. It does not deal with land claims.
The bill would, as I have said, allow reserves and bands throughout the country to look at different models of self-governance and adopt the one which suits them. The band, in this case the Mohawk of Kanesatake, could then provide its people the services they need. If its form of self-governance is successful it could serve as a model for other bands throughout the country. Perhaps Bill S-24 will take us out of the 18th century and into the 21st century when it comes to dealing with aboriginal rights.
I am happy to put the position of the Progressive Conservative Party on the table. We support Bill S-24. We are disappointed it could not go forward right away. As I have pointed out already, it is difficult to understand why the Alliance would not allow the bill to go forward to third reading. However it is better late than never. We hope the legislation is passed quickly and without too much turmoil.