Mr. Speaker, it is a great pleasure to rise on behalf of the constituents of Surrey Central to participate in the report stage debate of Bill C-6.
The bill provides for the filing, negotiation and resolution of specific claims and makes amendments to other acts.
The stated purpose of the bill is to establish the Canadian centre for the independent resolution of first nations specific claims. The centre will be composed of a chief executive officer, a commission and a tribunal, with the commission and tribunal playing the most significant roles in the day to day process of dealing with specific claims.
Specific claims arise from the breach or non-fulfillment of government obligations found in treaties, agreements and statutes.
Interestingly, Bill C-6 has met with opposition from first nations across Canada, including in my home province of British Columbia. The British Columbia Alliance of Tribal Nations representing 23 member first nations feels that Bill C-6 completely fails to meet its stated principles, namely, to establish a process for the resolution of specific claims that is independent, fair and timely.
The amendments proposed in Motions Nos. 1 through 8 would help alleviate these concerns and therefore would have my support.
For example, Motion No. 7, the amendment put forward by the Minister of Indian Affairs and Northern Development, adds a small measure of accountability to the review process and reflects an amendment passed in committee.
Motion No. 2, if accepted, would give the proposed centre increased independence from government. This clause gives the government the right to hold up the claims process as it decides whether or not to hear a claim. It provides no timelines or final deadlines for the government to provide an answer and provides no mechanism for the commission or the claimant to move the process forward in the event of an extended delay by the government.
When we see how much control Bill C-6 gives the federal government and specifically the Minister of Indian Affairs and Northern Development, it is little wonder that aboriginal groups are opposed to the legislation.
The title of the bill suggests the newly created body will be independent. Independence is essential to the successful working of the centre. Independence must exist in fact and be perceived to exist by the parties and the public.
Under Bill C-6 however, commission and tribunal members, including the CEO and chief adjudicator, will be appointed by the cabinet on the recommendation of the Minister of Indian Affairs and Northern Development alone. How can aboriginals have confidence in the centre under these circumstances? Suspicion about partiality, patronage and conflict of interest will plague the centre, destroying its legitimacy in the eyes of first nations and for good reason.
Under the proposed legislation the Minister of Indian Affairs and Northern Development is directly involved in the claim process. Once a claim is filed, the commission must provide a copy with supporting documentation to the minister. After preparatory meetings the commission must then suspend proceedings until the minister decides whether or not to accept the claim for negotiation.
Allowing the minister, who is a party himself, to determine the next step in the proceedings essentially takes carriage of proceedings away from the claimant and the centre and places it with the respondent. It is essential that the bill place power within the proposed centre. That is what the centre is there for. As presently constituted, too much power resides in the hands of the Minister of Indian Affairs and Northern Development.
Motion Nos. 2 and 3 would help accomplish this objective. They would take power away from the government and thereby increase the independence of the proposed centre.
Similarly, clause 32 allows the government to require the claimant to meet an excessive threshold of proof of having used all available mediation mechanisms before allowing the claimant to request a move to the tribunal in the case of an unresolved claim. In other words, it can be used as another stalling mechanism by the government.
Upon the initial introduction of the bill during the first session of this Parliament, the national chief of the Assembly of First Nations observed that he looked forward to the legislative process to address the need for important changes to this defective bill.
Besides the obvious lack of independence of the proposed centre, the AFN also found fault with the capped claim limit. Motion No. 6 responds to this criticism. It establishes the guidelines for compensation in a specific claim, including a $7 million cap. However, as a footnote in the legal analysis of Bill C-6, the Assembly of First Nations notes that AFN technicians have been informed by a commission counsel for the Indian Claims Commission that of 120 claims only 3 eventually were settled for less than $7 million. The AFN analysis adds that in the past three years, 8 out of 14 claims paid out by the federal government were for amounts above $7 million. The government should be allowing much more flexibility regarding the claim values it allows the centre to consider. In committee, we, the Canadian Alliance members, proposed a cap of $25 million but the government voted against that idea.
Motion No. 8 seeks to amend Bill C-6 by deleting clause 77, which gives the governor in council the authority to make regulations. The Canadian Alliance objects to the government's practice of passing incomplete, vague legislation, bills that need to be fleshed out by the government after the bill has been passed in the House, fleshed out somewhere other than in Parliament, where there are less eyes watching and where it is protected from much of the scrutiny and the accountability process of Parliament. This is simply undemocratic and is another example of the current government's hostility to the principles of accountability and transparency. This is at least one reason why the Liberal government is an elected dictatorship. It is almost criminal, by all standards.
Bill C-6 would create a process that is even worse than the current historically flawed process, which has over 500 claims sitting in its backlog awaiting the minister's decision on whether or not they are acceptable for negotiation. In this backlog, 48% of the specific claims are from the first nations in British Columbia, the most from any region in Canada. First nations in B.C. have the most to gain from the establishment of a truly independent, fair and timely process for the settlement of specific claims, but they also have the most to lose if the bill before us is passed without amendment.
Bill C-6 would institutionalize the federal government's conflict of interest in judging claims against itself and would authorize and reward the Minister of Indian Affairs for indefinite delays in deciding whether or not to accept a specific claim for negotiations.
The Canadian Alliance strongly supports the speedy resolution of claims, whereas Bill C-6 would not speed up the resolution of claims, particularly larger and more costly claims.
The new claims resolution centre would not be independent. All adjudicators and commissioners would be appointed by the government for patronage purposes. Who is standing up for the first nations? Who is standing up for the taxpayers in this process? A system that avoids accountability for government stonewalling and discourages the use of alternative dispute mechanisms over more costly court claims is a waste of taxpayers' money. Who is standing up for taxpayers? No one from that side of the government.
This new institution would not be transparent. Government members of the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources voted against all amendments that would require the government to declare openly its reasons for deciding against a claim or for holding up this process.
To summarize, Bill C-6 would not ensure a faster claims resolution process. No timelines are mentioned in this process. In fact, there would be numerous opportunities for the government to delay and stonewall. The bill needs major amendments. Canadian Alliance amendments will advance justice, speed up the claims resolution process, reduce conflict of interest, increase organizational independence and save taxpayers' dollars.
Therefore, since this arrogant, weak and incompetent Liberal government does not accept the Canadian Alliance amendments, I have no choice but to oppose Bill C-6 as tabled. In addition, the Alliance of Tribal Nations asks that I oppose this legislation vigorously. Therefore, I and my colleagues will oppose this legislation if it is not amended.