Mr. Speaker, it is an honour to enter the discussion on Bill C-11 and the amendment currently before the House. I certainly support the amendment proposed by the hon. member.
With regard to Bill C-11 and the implementation of the Westbank self-government agreement, I would like to make it clear that I have the utmost respect for the current band council and its chief. They have done an exemplary job of developing and managing the band. I have had many occasions to talk with the chief and work with him. He is doing an admirable job. He is the current chief, but there has been a succession of good management in the Indian band.
That however does not mean I am in complete agreement with the provisions of the Westbank self-government agreement and Bill C-11, which gives effect to the implementation of that agreement.
The major concern I have is with the representation of those governed by those who are governing. Away back a president of the United States defined democracy as by the people, of the people and for the people. There is a provision within the Westbank self-government agreement that differentiates between those who can vote and those who cannot vote. The government structure is such that a group of people will govern the people on the Westbank lands who have not elected by all the people being governed.
Therefore, there is an element of disparity and inconsistency between what we have commonly accepted as the democratic principle; that those who are governed ought to have a voice in determining who will be charged with the governing of that group. My hon. colleague just pointed out that there is a provision for the advisory council. I will get into that in a little more detail later on.
Before I do that, I want to indicate clearly that those who are allowed to vote in this provision of the self-government agreement are those who are on the membership roll. To get on to the membership roll, it is absolutely important that we recognize that these people are “registered” as Indians under the Indian Act. Thus any and all residents on Westbank lands who are not on the membership roll are disenfranchised. They cannot vote. This means there are about 8,000 residents on the Westbank lands, about 500 of whom are Indians and 7500 who are not. Therefore, essentially 500 people will elect those who will govern the 7,500 as well as their own 500.
The practical impact of this is that any law, regulation, administrative action or band council decision is determined without electoral representation on that council of about 93% of the residents. In the day to day operation of the Westbank self-government agreement any law regarding property taxes, licensing fees, user fees, development cost charges, development permit fees, community infrastructure and local services are all without representation on the council. Yet that council determines all the issues with regard to these.
While there is a provision for that advisory council to provide consultation, and that is the word that is used, on behalf of the non-members of the Westbank Nation, it has no authority or power to make any decisions regarding the Westbank Nation governance affecting them. Yes, it can give advice and yes it can study the issues, and I think it is a wonderful provision, but it has no authority to do anything.
It is very interesting that yesterday I was given a copy of a document entitled, “Westbank First Nation Advisory Council, March 2004”, and there are a number of subsections in it. It was given to me with the understanding that it was the law that would cover the advisory council. There is a lot of very useful work in it, and I do not want to disparage it in any way, shape or form. However, my only concern is that it is incomplete.
I think we are moving in the right direction, but it is incomplete so I would like to perhaps get into some of the details as to what is in the document.
The creation of the advisory council is not part of Bill C-11 nor is it part of the Westbank self-government agreement. The constitution pertaining to that agreement really is all part of Bill C-11. The advisory council would be created after that agreement and subject to whatever the council at that time felt it wanted to do.
I have complete faith, but I have a dilemma. We have an excellent band council and chief, and I believe he will do this. However, I also know that Bill C-11 does not cover it. This is a result of actions taken by the council itself subsequent to the agreements if Bill C-11 is passed.
There is no description for example of the composition of the advisory council, how its members will be determined, what resources will be provided to them or what the advisory council relationship will be with the band. Yes, the general statements are there and there is provision that certain things will happen, but there is no guarantee that will be the case.
Some of these things are addressed in the document, however, the document is incomplete and its official status is unclear. Even if the advisory council were to function exactly as outlined in the document before me today, the advisory council would not meet the requirement of a democratic form of government. It is advisory only and really does not represent the electorate as such. It really does not have any legislative power. In my view, that is sufficient reason for the Government of Canada to recognize the excellent work that has been done in establishing the agreement thus far and recognize that we are moving in the right direction. However, at the same time, it must recognize that the work is not finished.
We need to go further. We need to explore some of the issues. The amendment with regard to the concerns expressed by the mayor of Kelowna is only one example. I have given another example of why we probably should take the bill off the agenda and look at it again. Probably a lot more work needs to be done so we can come to grips with and recognize the democratic principle to which we all adhere.
I have a lot of material and I obviously do not have time to cover it all. Therefore, I will move to the last part of my speech which has to with the prohibition.
It is very interesting that section 220(a) of the Westbank self-government agreement provides for the prohibition of the sale, barter, supply, manufacture or possession of intoxicants. However, section 220(b) allows the Westbank natives to make exemptions with regard to any of the above. On the one hand, we have prohibition of intoxicants and on the other hand, we have exemptions. In practical contemporary terms that means that marijuana could be exempted. Persons on Westbank lands would be able to grow, possess and supply marijuana in direct conflict with the current laws of Canada.
In the light of the forgoing, however, it goes even further. Section 221 states:
--in the event of a conflict between Westbank Law in relation to prohibition of intoxicants and federal law, the Westbank Law shall prevail to the extent of the conflict.
This agreement will create, if it is allowed to proceed as it is currently before us, a third level of government which gives to the Westbank nation the right to legislate in areas that are really under the authority of and the power of the federal or provincial government.
Our Constitution does not see any other powers. We are governed by the Constitution of Canada which clearly differentiates between federal and provincial law, and there is no other power. How can it now give power to another group--power which has already been given either to the federal or provincial governments?