Madam Speaker, it is a pleasure for me to speak to the Tlicho land claims and self-government bill. This is a historic piece of legislation and is deserving of some scrutiny by the House.
The Tlicho are the latest in the Northwest Territories to reach a land claims settlement but this is the first instance where self-government has been negotiated in an agreement at the same time. We have to be careful and take our time with this legislation. I will outline several areas where I find the bill to be deficient.
First, this is not a final agreement. The agreement contains a clause to reopen negotiations should other first nations in the Northwest Territories negotiate terms in their agreement that appear attractive to the Tlicho in the future. In this the agreement does not achieve a basic goal: to arrive at a final settlement.
Second, it would appear depending on how one interprets the text that the agreement recognizes the right of the Tlicho to enter into international agreements. It states right in the agreement that it does not limit the right of the Tlicho to enter into international, national, interprovincial and interterritorial agreements. It also requires the Government of Canada to consult with the Tlicho nation before entering into an international agreement that may affect the right of the Tlicho government, the Tlicho First Nation or Tlicho citizens.
I am concerned that this kind of language could be seen as being too broad and that it may put a restriction on what is an exclusively federal area of jurisdiction.
Third, the agreement creates a racially based electoral system which some will recall was the subject of a fierce debate in the House during the Nisga'a discussions.
Under this agreement a category of citizens called Tlicho citizens is created who are the only people who may be elected as chiefs. In addition 50% of elected councillors must come from this Tlicho citizens group. Some might argue that this is counter to the Charter of Rights and Freedoms, but it is certainly something that might be open to a court challenge.
Last, the most fundamentally difficult problem with the agreement is the way in which it deals with jurisdictions. The agreement describes several different hierarchies to determine which legislation should prevail in the event of a conflict: federal legislation, territorial legislation, Tlicho law or the agreement itself. It is also not clear whether Tlicho citizens would have the protection of the charter in the event of a conflict with the Tlicho constitution.
As the vice-chair of the Standing Committee on the Status of Women, there is another issue I would like to raise with respect to this agreement. It is the issue of matrimonial property. My colleague, the member for Portage—Lisgar, raised this in the previous Parliament when this legislation was Bill C-31. I would like to revisit some of the points he made for the record.
Let me quote from the interim report released by the Senate Standing Committee on Human Rights in November 2003, entitled “A Hard Bed to Lie In: Matrimonial Real Property on Reserve”. This is an issue we should not ignore. The Senate report stated:
I believe that one of the basic rights we should be able to enjoy is the right to call a place, a community or a structure “home”. Home is a place where we are safe and protected by family and friends. It is our private spot, where we can lock out the cares of the world and enjoy one another. It is also the place where, as a couple, when we plan a family, we know that this is the place where they will be safe, protected and loved. As a couple, you take a structure, and with personal touches from each of you, you make this your private world. You open your private world to family and friends, making them feel welcome when they visit you. However, make no mistake, this place is your private world.
Imagine the stress on a woman who knows that, if this loving relationship ends, then her world will crumble. Imagine the stress when this woman has children, and she knows, that not only she but also her children will soon have to leave the place she and they call home, and in some cases, must leave the community.
It is not an easy choice to decide that a relationship is not working and that the relationship must end. Normally, while there is a certain degree of animosity, most couples know that they must work out a mutually agreed upon arrangement for the deposition of property, including the home.
This would not appear to be the case for on-reserve women, as they hold no interest in the family home. There is no choice as to who has to move. It is the woman and, in most cases, it is the woman and her children. What a choice: be homeless or be in a loveless relationship, maybe an abusive relationship. Is that what Aboriginal women deserve? No, it is not. Is it humane? It is definitely not.
My concern and the concern of many members of my party is that the issues of matrimonial property are not properly, fully and fairly addressed in this agreement and that, if we proceed in this manner, there is the real possibility that we will perpetuate the circumstance. There is only one place in Canada where no such property rules exist and that is on reserves. It is important that we recognize this fact and commit ourselves to take every opportunity to correct the situation.
For those of us in opposition, it is not enough for us simply to oppose, especially in a minority Parliament. We must also put forward where we stand on issues such as this one. Allow me to make a few points about where a Conservative government would be with an issue like this.
The Conservative Party of Canada believes that self-government must occur within the context of the Constitution of Canada. Settlement of all outstanding comprehensive claims must be pursued on the basis of a clear framework which balances the rights of aboriginal claimants with those of Canada.
Self-government agreements must be structured so as to ensure constitutional harmony so as not to impede the overall governance of Canada. To ensure fairness and equality, a Conservative government would ensure that the principles of the charter applied to aboriginal self-government.
The Conservative Party of Canada believes in giving aboriginal governments the power to raise their own revenues. Aboriginal agreements reached with the federal government must represent a final agreement in the same manner as was achieved with the Nisga'a.
In closing, I believe that the underlying principles expressed are good ones. A comprehensive land claim settlement and self-government agreement in one document is a historic achievement, one which deserves credit for its good intentions.
Unfortunately, this agreement and the bill implementing it do not measure up to the standards that should be applied in such an important document. Again, here is why: The agreement is not final. The agreement does not fully respect the Charter of Rights and Freedoms, nor does it fully respect the overarching authority of the federal government in areas of its exclusive jurisdiction. It creates substantial jurisdictional confusion between federal, territorial and Tlicho legislation as to which takes precedence and in what situation.
I urge the government to consider the words of my colleagues, especially our critic, the member for Calgary Centre-North, with regard to this bill. Before something as important as this agreement gets cemented into place with the force of the Constitution behind it, we must be certain that we are in fact doing the right thing.