Madam Speaker, I listened with interest to the comments of my colleagues and some of the comments of members on the government side. I also listened to the member for Calgary Centre-North, our critic for aboriginal affairs, who has done a good job in researching Bill C-14.
Like all matters dealing with aboriginal affairs, Bill C-14 is complicated and deserves intense and close study. This has nothing to do with an unwillingness on behalf of the Conservative Party to seek a final remedy for a number of first nations that are seeking land claims and treaties, but rather an attempt to bring some fairness to the issue.
Reference has been made to the Nisga'a treaty. I was aboriginal affairs critic at one time and supported the Nisga'a treaty. The treaty we have before us, as I have read it, is nothing like the Nisga'a treaty. They are totally separate issues.
I know some members of the House have taken exception to a number of issues in the treaty, such as the issue of paramountcy, which doe not particularly bother me as much as it may bother others. However I do find a number of other issues problematic, especially when it comes to international affairs. I have not heard a clear and concise explanation from the government side on them. They certainly deserve a much closer study and a much more introspective study by government members.
I would like to draw the House's attention to 7.13.2 which reads:
Prior to consenting to be bound by an international treaty that may affect a right of the Tlicho Government, the Tlicho First Nation or Tlicho Citizen, flowing from the Agreement, the Government of Canada shall provide an opportunity for the Tlicho Government to make its views known with respect to the international treaty either separately or through a forum.
That makes common sense to me and I would see no problem with that. I would think that any first nation about to ratify an international treaty signed by the Government of Canada would want an opportunity to look at that treaty.
I will go a step further here and read 7.13.3 which states:
Where the Government of Canada informs the Tlicho Government that it considers that a law or other exercise of power of the Tlicho Government causes Canada to be unable to perform an international legal obligation, the Tlicho Government and the Government of Canada shall discuss remedial measures to enable Canada to perform the international legal obligation. Subject to 7.13.4, the Tlicho Government shall remedy the law or other exercise of power to the extent necessary to enable Canada to perform the international legal obligation.
Again, this makes common sense. The Tlicho people would amend their laws, which makes sense. However now we get to the crux of the problem.
The crux of the problem is really in 7.13.4 which states:
If the arbitrator, having taken into account all relevant considerations including any reservations and exceptions available to Canada, determines that the Tlicho Government law or other exercise of power causes Canada to be unable to perform the international legal obligation, the Tlicho Government shall remedy the law or other exercise of power to enable Canada to perform the internal legal obligation.
Under the legislation, what would stop the Tlicho government from selling bulk water? We have agreements among the provinces and the territories. We are not about to start exporting bulk water, although it does cross the border every day through municipal agreements along the border. We sell bottled water to the U.S. under our obligations under NAFTA and under the WTO.
Just imagine for a minute what would happen if the Tlicho First Nation decided to sell bulk water. There are all kinds of issues at stake. There are all kinds of bylaws that state that the Government of Canada shall not supercede the Tlicho ability to deal as an international body. Within a certain frame or guideline, I can agree with that. I have no difficulty with that.
I want to know some specifics. The government is very short on specifics, but very big on grandiose plans on how this is going to help first nations.
We have a great example. That is the Nisga'a agreement where the first nation has paramountcy on a number of issues that do not infringe upon the obligations of the sovereign state of Canada and the responsibilities of the federal government. There are dozens of examples, but it is very clearly written into the Nisga'a agreement. This language is not clear, final or definite when I read this proposed legislation.
What prevents the Tlicho people from deciding tomorrow, after the agreement is signed, that they wish to sell bulk water? As the agreement is written, there is anything in it to prevent that. That is one example.
This is pretty straightforward, responsible type of legislation that we would like to see governments bring forward. We have a number of first nations who have never signed treaties. Some of the Tlicho band are among those people.
This is about something called the Mackenzie Valley pipeline. It is about Arctic gas flowing through Tlicho land and an ulterior motive on behalf of the government. It is in such a hurry to exploit the resources of northern Canada, and by the way to exploit the resources and give nothing back to either three levels of government in northern Canada. It takes the lion's share of the profit and the Tlicho should recognize this, as well.
The government is not a beneficiary. It does not always act in the best interests of its clients, including Yukon, the NWT and Nunavut, let alone does it act in good faith when it deals with first nations.
There is a bottom line that we cannot ignore. The treaty, unlike almost any other treaty that I have had the experience of reading, does not deal with finality. It is not clear in its language and it opens the door internationally to a real serious problem. Part of that problem is about water, or could be.
If we look at article 2.2.9, it states:
Nothing in the Agreement shall be interpreted so as to limit or extend any authority of the Parties to negotiate and enter into international, national, interprovincial and inter-territorial agreements, but this does not prevent the Tlicho Government from entering into agreements--
I have heard a lot of language coming from the government benches that the opposition is not looking at the legislation with a clear mind and that we are attempting to be unfair in our deliberations. As an individual who has supported a lot of good legislation regarding first nations, this piece of legislation has a serious flaw in it. Until I hear the answer, not just the criticisms about what everyone else thinks about this but the answer to that specific part of the bill, then I am going to be very apprehensive in believing that this legislation is good for Canada and good for first nations.