Madam Speaker, I thank my colleague for Windsor—St. Clair for a very thorough analysis. Being a lawyer himself, he added to the debate some of the legal context. Many of us lay people have a gut feeling that something is fundamentally wrong with the bill, but it is reassuring to learn that there a basis in law for our objections and for the cautions and concerns that were raised in the House of Commons, at committee stage and more recently in the Senate.
One of the specific issues which has come to light in the Senate debate, because we are technically here to debate the amendments from the Senate, is the conflict of interest that has to exist by virtue of the fiduciary obligations of the crown in its relationship between the crown and first nations and the fact that first nations have to come forward and make claims for resolution to their specific claims to the government. Therefore, it is a clear conflict of interest.
I will cite a court ruling as well. When there is a fiduciary obligation, the Supreme Court has ruled in Guerin v. The Queen that the highest standard of conduct must apply. With first nations, when the crown is acting unilaterally in its fiduciary capacity, it must be held to the highest standards because the honour of the crown, and I heard the hon. member mention the honour of the crown, is at stake in such matters. That was the findings in Guerin v. The Queen, a recent Supreme Court ruling.
In that context, could the member share his views on the fact that Bill C-6 imposes a cap of $10 million? Notwithstanding the denial of the minister, there is a cap, or a ceiling, on any claim. Would he agree with me that it puts a first nations community, a band, in an uncomfortable and an untenable situation?
If the value of a claim is say, within the range of $10 million to $15 million, in that ballpark figure, and the option is to go ahead with the specific claims process and get a relatively quicker resolution or to carry on in the courts for another 10 or 15 years and spend millions of dollars in the court, the temptation will be to settle for an amount of money less than the real value of the claim.
Given the urgent fiscal crisis in which many first nations communities find themselves, the chief, council and the elders will say that they could get $8 million, $9 million or $10 million today or within a reasonable time, or they can go another 15 years in this mind numbing battle with an obstinate government that refuses to settle, spend another $5 million in legal fees and maybe get their $15 million down the road.
Would the hon. member agree with the fairness of the pressure, the economic violence is what I call it, and the coercion associated with having to make that kind of choice?