Mr. Speaker, it gives me pleasure to speak to Bill C-11 at third reading.
I will paint a little picture for members. The Westbank First Nation is adjacent to the city of Kelowna in the Okanagan Valley of British Columbia. As a band, it has rightfully gained a reputation as one of the most progressive bands in the country. There is some opposition to the self-government agreement. However, that opposition flies in the face of the evidence.
There are 7,500 non-band members, and one-quarter of all non-band member residents in Canada who live on reserve live on the Westbank reserve. These residents, as well as 200 businesses, have chosen to locate on Westbank land because they view the Westbank First Nation government as being competent, predictable and stable and, therefore, is a very secure place to invest.
The Westbank First Nation has been collecting property tax since 1990, and non-band members have full access to the financial reporting of these property tax accounts. Westbank has implemented a system of independent property assessment and assessment appeal mechanisms similar to off reserve municipalities. The B.C. assessment authority has been contracted to carry out these functions and this has made it very easy to translate for the real estate industry. Therefore, it has a very simple process. It can recommend Westbank investments, and it does.
The implementation of this taxation policy 14 years ago, under the provision of section 83 of the Indian Act and the subsequent opting into the First Nations Land Management Act, was instrumental in the rapid growth of non-band members residing on Westbank land. None of this property tax regime under section 83 of the Indian Act will change as a consequence of this agreement. The self-governance will actually improve the ability of individuals to manage these transactions under that self-governance because it will not require the extra step and impediment of the Department of Indian Affairs.
Elsewhere in British Columbia we have a shining example. The Sechelt Indian band achieved self-government and taxing power in the 1980s. Virtually, without exception, it is held up as a successful model for self-government and economic development. The Sechelt and Westbank agreements share a provision that non-native residents are represented by an advisory group to chief and council.
Critics of the agreement also like to point to the Charter of Rights and Freedoms, claiming that the Westbank agreement will change this application as it applies to the Westbank government and residents.
We have had some debate in the House on this and it is the full intent of this agreement that the charter apply. It is my very strong opinion and the opinion of many in the legal profession that any difficulties there might be in that area are due to the Canadian Constitution and the charter, certainly not due to a piece of legislation such as Westbank. We all know that our charter and our Constitution are supreme, so I need say no more.
The net effect for non-band members living on Westbank lands is that the application of the charter is the same whether the Westbank First Nation is operating under the provisions of the Indian Act, as it is now, or operating after this agreement receives royal assent.
The Westbank band is on course to be responsible for its own governance and its own future. The bill creates a government which is a legal entity that can sue or be sued. In contrast, Indian Act chiefs and councils are protected from legal liability. To me, it is quite surprising that the democratic and financial accountability provisions and the private property provisions so central to the Westbank agreement have virtually been ignored by the critics of the bill.
Critics also complain that Westbank laws may prevail over federal and provincial laws. In reality, current chief and council bylaws across Canada prevail over provincial legislation as a consequence of section 88 of the Indian Act. The Westbank agreement adopts the same provision. Westbank laws prevail over federal laws only in some specific areas.
We have to recognize also that because these are federal lands there is a vacuum in some areas that are normally under provincial jurisdiction, such as landlord tenancy and some other areas. The Westbank band, either prior to now or as a consequence of this agreement, has taken care of those vacuums in the law, and this has added to the certainty and security for investors.
I find it very interesting that the Westbank band has done very enlightened things because of a vacuum in the law, yet it has been criticized for occupying that vacuum. However, the real reasons were never associated with the criticism. I thought I would point that out.
One example that people should be aware of deals with the area of intoxicants. Westbank may create a dry reserve. It has priority over federal law in relation to Okanagan language and culture, K to 12 education, the practice of traditional Okanagan medicine and Westbank law enforcement procedures, as long as they are comparable but not greater than those set out in federal or provincial legislation on similar subject matters. Business licensing, traffic and transportation, public works and wills and estates of Westbank members are all areas that are largely without criticism.
Once again, it seems to be the principle that is attacked but the specifics are not attacked. I think once we look at the specifics, that these are actually areas that are non-controversial.
In addition, the Westbank First Nation has jurisdiction over the renewable resources on Westbank lands, excluding fish and fish habitat. Jurisdiction is also extended to non-renewable resources such as minerals and gravel. The Westbank band can manage resources on Westbank lands as if it is a private property owner, although ownership resides with Canada. There is some difference between the Westbank and Sechelt. In the case of the Sechelt band, its lands were transferred in fee simple title. They are no longer federal lands.
The adjacent city of Kelowna, British Columbia's third largest city and according to many of the residents, British Columbia's most important city, and the regional district that encompasses Westbank First Nation have endorsed the agreement.
The Westbank agreement should be looked at in its entirety. It should be supported and encouraged as the model for other bands.
I have had some significant history with self-government and other legislation. This bill was tabled in the House last November, I believe. In January I had meetings with the regional district representatives, the mayor of Kelowna, the chief and council from the Westbank, and the Westbank advisory group. This gave me a very good feel not only for the legislation but for the communities.
As part of my background in aboriginal affairs, I will go back to 1997, two ministers ago. At that time, the Minister of Indian Affairs and Northern Development had been minister for the entire 1993-97 Parliament. As that Parliament was winding down, there was a First Nations Land Management Act for which, in typical government fashion, an attempt was made to rush it through at the last minute. I resisted that. That bill did not pass until 1999.
I would like to say at this time that I was wrong about that piece of legislation. That legislation has turned out to be very important and progressive legislation. It has brought many of the merits of self-government, without necessitating self-government, to the leasing of lands. Fourteen first nations were part of that, I think, and Westbank was a signatory. This ability under the First Nations Land Management Act was responsible for a significant amount of the growth of non-native residency at Westbank.
Also as a part of my history I did represent the Sechelt area on the British Columbia coast for that 1993-97 Parliament. That was prior to a rearrangement of my riding as a consequence of the 1991 census. It was very clear when I represented the greater community there that there was great support for the Sechelt Indian band self-government agreement, which has been in place since 1986. I am sure that this will be mirrored in the experience with Westbank in the Okanagan.
There is one area that I think is very significant for many people. They have very strong feelings that this area needs to be addressed. It is another one of these vacuums in legislation. The question relates to matrimonial property. Matrimonial property law in Canada is a provincial jurisdiction. Each province deals with this in its own way.
In the case of federal reserve lands, there is no matrimonial property legislation. There is no legislation dealing with marital assets after death or divorce or marital separation. This is an area that has been brought forward repeatedly over at least the last 20 years in the House of Commons Standing Committee on Aboriginal Affairs and in other venues. I know the Senate is looking at this issue and has been for quite some time. We have had native women's organizations tackling this area and pushing for change. I think everyone wants to see it fixed, but it is a difficult area and it has not been fixed.
I want to say that the first people living on reserve in Canada who will be covered by matrimonial property law will be the Westbank, almost undoubtedly, because another part of the agreement specifies that within 12 months of the agreement coming into effect this area must be covered off. There must be law brought into place to cover the Westbank membership and that law must not discriminate on the basis of gender.
I know that there has been some preliminary work done and some consultation has been done and that will proceed. I think that whatever occurs with the Westbank on that front will be very useful as a model for others to look at and perhaps will expedite the resolution of that issue for the other 632 bands in Canada. I am certainly hopeful that this will be the case.
Recently there has been a suggestion that because the Westbank First Nation ratification vote required three attempts in order to locally ratify this agreement, it somehow means that we have a community divided unto itself and it taints this whole exercise. I want to make it clear that if we want to form a municipality, for example, and incorporate in the province of British Columbia, what we require in order to express that will is 50% plus one of those who turn out to vote yea, by referendum or by ballot.
In the case of the Westbank, there were three votes. All three have expressed a clear majority who want to see this ratified, but in their idealism in the first attempt they wanted a super majority, in other words, 50% plus one of people on the voting list, thinking that it would be very achievable. Of course it did not happen. And on one of those first two occasions, it did not happen by two ballots, I think.
What it means is that everybody who does not show up or is incapacitated or cannot get to the ballot box is counted as voting no. Westbank basically has put its voting system in line with what everybody else does. It is a simple majority of those who vote. So I do not think this process it tainted at all, quite the contrary.
My time is up, so I will wrap up by saying that this is a very enlightened agreement. It is an attempt to achieve all of those things that will be good for the people and good for the residents of Westbank. I think they have valiantly succeeded.