Mr. Speaker, I am pleased to rise in support of Bill C-6. I am in support of this proposal specifically because the effectiveness of this new act will take us a step closer to resolving historic grievances involving land claim disputes between first nations and the Government of Canada.
The application of Canada's specific claims policy has had a significant measure of success, but despite these successes, the current system, while resolving claims, cannot cope in the expeditious manner that both the Government of Canada and first nations need to see. We have to do better.
That is why the government, on behalf of all Canadians, must move forward to bring closure to the climate of adversarial, litigious debate that has marked negotiation of land claims for far too long. As a nation, we must settle the backlog of outstanding claims and have in place a new system that will effectively resolve claims.
Through Bill C-6, the government proposes to establish a process that is more independent, a process that is fair and impartial, and a process that is transparent.
For far too long, first nations peoples have held that the existing process lacks fairness and transparency in the areas of research and assessment. They maintain that it does not provide a level playing field for negotiations and that it lacks independence, impartiality and accountability. Those are all things that people in this House and in our country expect.
The lack of confidence in the fairness of the process expressed by first nations peoples means that first nations are reluctant to accept negative decisions about the validity of their claims. Costly court actions causing further delays are the result. In this atmosphere, enhanced partnership and economic development can hardly be expected to flourish.
Under the proposed legislation before the House, the centre would establish in law neutral and at arm's length claim facilitation and adjudication bodies. Transparency would be enhanced. Funding to first nations peoples to participate in the specific claims process would be removed from the minister's jurisdiction. The existing structure would be simplified and there would be a greater rigour brought to the process.
In other words, there would be, for the first time, an effective alternative to litigating specific claims in the courts through active promotion of negotiated settlements and authority to render binding decisions as a last resort.
I think it is important to note that hand in hand with fairness goes accountability. As a government, the Government of Canada must be accountable to first nations and to other Canadians to ensure that they have in place a land claims settlement system that is fair, effective and efficient. This proposal that is before the House contains extensive accountability provisions to help achieve those ends.
What are those provisions? They include: annual audits by the Auditor General; annual reports tabled in Parliament and made available to first nations and public scrutiny; quarterly reports on compensation; and a requirement for a full review between three and five years of the coming into force of the bill.
These are important measures that will really make a difference in enhancing accountability, but how did we arrive at this point? We did not arrive at this point in isolation from first nations' opinions. In fact, in 1996, the federal government and the Assembly of First Nations established the joint first nations-Canada task force on specific claims. This event in 1996 marked the beginning of consultations on the creation of an independent claims body. The legislation we see before us in this House is based on the work of the joint task force.
As this proposal now before us made its way through the parliamentary process, the government heard a number of concerns about the legislation from first nations. Most recently, the Senate committee repeatedly heard the concern about the jurisdictional authority placed on the tribunal. As the minister had originally proposed, this legislation set the jurisdictional limit of the tribunal at $7 million on awards for claims resolved under the new system. Following extensive consultations and presentations before the Senate committee, an amendment was proposed to increase the tribunal authority's limit to $10 million.
The minister assures me that he is confident this new ceiling is a realistic one and is one that meets the needs of the first nations peoples and their concerns as raised in the process. As we have heard, most of the claims currently before the Government of Canada could be dispensed with under this new increased amount.
Another important element from first nations witnesses concerned the appointment process for this new centre. I am pleased to say that the government has listened to these concerns and has proposed an amendment that would give first nations a greater opportunity to make representations with respect to appointments and to be more actively involved in the review process. The minister also proposes to confirm post-employment conflict of interest rules, something that I know is very important to members of the House.
A key aspect of this proposed legislation that has provided comfort across the consultation board is the provision for alternate dispute resolution processes to keep the parties at the table. Under the proposed act, the new commission's overarching role would be to facilitate the resolution of negotiated settlements with authority to apply a full range of alternative dispute resolution processes: facilitation, mediation, non-binding arbitration, and binding arbitration with the consent of the parties. All claims, regardless of size, complexity or value, would have access to these processes through the commission.
In conclusion, a lot of effort has been directed toward the bill by committees of the House and the other place, by first nations witnesses, by bureaucrats in the department of the minister, and by the minister's office and the parliamentary secretary, to ensure that we have in place a process that would help to resolve first nations claims in a way that is accountable, transparent and impartial. The intent behind this proposal is to level the playing field for negotiation and, frankly, to resolve claims more effectively and efficiently. Surely that is in everyone's interest.
This new process will allow aboriginal people in Canada to take advantage of economic opportunities and I think it will lead to a more prosperous life for all of us as full participants in this great nation of ours.
I thank the House for its attention. I thank all members for supporting the bill.