Mr. Speaker, before I speak directly to the Kanesatake interim land base governance act, a bill which came from the Senate to this House, I will make a quick reference to the words of the member for Churchill. I have always enjoyed listening to the member speak. She brings a certain clarity and a personal reference to the subject that a lot of other members simply do not bring.
Although I have never been in complete agreement with everything the member says, she speaks from her heart and with a wide knowledge of the subject. That knowledge could certainly be listened to by a lot of members in the House and influence a lot of party policies that are dedicated and manufactured in the House.
The Mohawks of Kanesatake, also known as Oka, live on a tract of land roughly 50 kilometres west of Montreal. On these lands which have been set aside for the Mohawks but do not constitute a reserve live both aboriginal and non-aboriginal peoples. It is extremely important when discussing the bill to understand that we are not in any way, shape or form talking about an Indian reserve.
In 1990 the problem of unresolved aboriginal land claims erupted in the Oka crisis. The Mohawks erected barricades to block roads. In response to a request from the Quebec government, the federal government sent Canadian forces to help resolve the confrontation. In the conflict that ensued one Quebec officer died.
We cannot say those words lightly in the House. The reason I say them at all is to give a little history lesson to everyone in this place. We need to look back at where we were in 1990 and come ahead to where we are today. This may not be the perfect agreement. It may not suit every member of the House. However the reality is that light years from where we were in 1990.
We are on the eve of signing an agreement so that we can step forward into the reality of the 21st century. It is long overdue. Over the past 10 years the Mohawk of Kanesatake have worked with the Government of Canada to resolve questions and grievances regarding land use.
In March 1991 the Mohawks and the federal government agreed on an agenda for negotiations within the community of Kanesatake. I must point out that since 1991 the Mohawks of Kanesatake have switched from a traditional system to an elective democratic system that includes off territory voters. They did so because they felt that everyone who has an interest in Kanesatake should be able to participate in the elections.
That being said, a lot of progress has been made over the past 10 years. In 1994 the memorandum of understanding over land purchases was signed between the Mohawks and the federal government. In 1997 the federal government made land purchases in the name of Kanesatake, and the Mohawks established their own police station.
On December 21, 2000, a new land governance agreement was signed between the Kanesatake and the federal government. Bill S-24 represents the culmination of negotiations engaged in over the past 10 years. The bill did not suddenly appear before us. The bill has taken over a decade to go from where it was to where we are today. The bill is a critical milestone for the community of Kanesatake.
Bill S-24 would provide legal recognition of the land base for the Mohawks and would include powers of law making, policing and other services. The agreement with respect to Kanesatake governance of the interim land base was ratified through a legitimate democratic process by a majority, albeit a slim one, 239 to 237, but a majority nevertheless. An independent legal review of the ratification process and recount of the vote results, both conducted by a former chief justice of the Quebec superior court, confirmed that the process was conducted in a fair and open manner.
Bill S-24 would ensure that the Kanesatake Mohawk interim land base constitutes lands reserved for the Indians pursuant to the constitution but not as a reserve under the Indian Act.
Bill S-24 would also provide a framework for the exercise of jurisdiction and establish principles for the harmonious use and development of those lands.
Under the legislation the Mohawks of Kanesatake would have legal capacity to acquire and hold property, enter into contracts, borrow, expend and invest money, and be party to legal proceedings.
The Mohawks would also exercise power to make laws formerly made at the municipal, provincial and federal levels. It must be pointed out that laws made by the Mohawks of Kanesatake could not be less stringent than municipal or provincial laws already in existence.
These laws would affect health and qualify of life, protection and management of fish and wildlife, disorderly conduct and nuisance, prevention of trespass, residency, fire safety and fire prevention, local works, zoning, waste management and public sanitation, traffic regulation and the appointment of judges.
While violators of any of these laws would be punishable by the Mohawk of Kanesatake, fines or imprisonment terms may not exceed limits established in subsection 787(1) of the Criminal Code of Canada. Subclause 8(1) of the bill specifies that a Kanesatake Mohawk is not governed by the Indian Act.
Before the Mohawk of Kanesatake can enact the legal powers accorded to them by Bill S-24, they must adopt a land governance code that sets out the law of the land. The code shall establish the rule of law, land use rules, conflict of interest rules, rights of appeal and redress, and procedures to amend the code. Furthermore a land use plan must precede any form of commercial or industrial activity. Storage or transportation of hazardous materials or waste disposal can happen.
Bill S-24 stipulates that Kanesatake Mohawk land should be consistent with federal standards and can exceed in strictness provincial standards. It must be pointed out that although environmental standards can exceed in strictness provincial environmental standards, they must be equivalent to or exceed standards already in place.
Before substantial land use practices can be changed, Bill S-24 establishes the process by which Kanesatake land use rules should be harmonized with the land laws of the municipality of Oka. This task will be an onerous one and is an onerous one, considering that the entire land area affected by the bill and inhabited by the Mohawk comprises many small parcels of land occupied by both aboriginal and non-aboriginal residents.
Bill S-24 addresses the issue of governance but does not include debate regarding first nation treaty rights or other outstanding disputes and grievances. Neither does it represent settlement of a land claim.
In conclusion, the PC Party supports the legislation. Bill S-24 has been 10 years in the making and there has been appropriate consultation with the third parties involved. We would have appreciated more time to look at the bill and have more witnesses appear before committee. However sending legislation through the Senate first has become commonplace for the Liberal government. The House should not be here to simply rubber stamp a piece of legislation but should be actively involved in it.
I will clarify this point because I do not want my colleagues in the Senate to think I do not approve of legislation coming from the Senate. That is what makes the Senate a more appropriate vehicle of governance in Canada and gives it legitimacy. We should be seeking more legitimacy for the Senate.
That being said, we are supportive of the will of the Mohawk of Kanesatake and the extensive consultations that have been carried out with the community of Kanesatake. As critic for Indian affairs and northern development in the last parliament, the 36th parliament—