Mr. Speaker, I rise today to express my support for Bill C-30, Specific Claims Tribunal Act. Today my hon. colleagues have an opportunity to respond to 60 years of requests from first nations to create an independent tribunal. We agree that the legislation is an important first step in dealing with existing backlogs of claims. The legislation now before us strives to fulfill a legal and moral imperative to address the specific claims of first nations in a just and timely manner.
Bill C-30 proposes to create an independent tribunal to bring greater fairness to the way specific claims are handled in Canada, while at the same time accelerating those claims. A legislative tribunal is not a new approach. Indeed, this approach was proposed by the Liberal leader in his leadership platform.
To understand the importance of resolution of specific claims, allow me to provide some context. Specific claims deal with past grievances of first nations. These grievances relate to Canada's obligations under historic treaties or the way it managed first nations funds or other assets, including reserve land.
Since 1973, the government has had a policy and process in place to resolve these claims. The current process begins when a first nation submits a claim to Canada. Canada then completes a thorough review of the facts of each claim to determine whether it owes a lawful obligation to the first nation. If a lawful obligation is found, Canada negotiates a settlement with the first nation and, where applicable, with the province.
If an outstanding lawful obligation is not found and the claim is not accepted by Canada, the first nation can refer its claim to the Indian specific claims commission to conduct an independent review of the government's decision. If requested, the current commission can also assist first nations and Canada in mediating disputes.
The independent body does important work, but it does not have the power to make binding decisions. It can only make recommendations for consideration by the government.
All are agreed that the current process needs to be improved. The history of calls for and efforts to create an independent tribunal on specific claims date back to 1947. In July 1947, the special joint committee of the Senate and the House reported:
That a Commission, in the nature of the Claims Commission, be set up with the least possible delay... in a just and equitable manner any claims or grievances arising thereunder.
The number of claims is too high. Since 1973, almost 1,300 claims have been submitted to Canada. To date, 513 of these have been concluded and 784 remain outstanding.
The proposed plan proposes four key elements as we have heard: the creation of an independent tribunal; more transparent arrangements for financial contributions through dedicated funding for settlements; practical measures to ensure faster processing of claims; and, better access to mediation once the new tribunal is in place.
The tribunal will have authority to make binding decisions on the validity of the claims and compensation issues in respect of claims that have a value of up to $150 million.
Most Canadians recognize and support the settlement of long-standing claims and a resolution of historical grievances for first nations.
As I said at the outset, the legislation is an important first step. There is still a ways to go. I look forward to hearing from representatives of first nations from across the country and others on the proposed legislation.
I hope the government is also open to listening too. It is unfortunate to say this, but I am sure the government does not want to hear it, but since coming to power, the government has shut out the voices of aboriginal Canadians more than it has listened to them. There has been a lack of trust and the relationship to date has not been one of respect or inclusiveness.
Last week marked the two year anniversary of the Kelowna accord. The government ignored the voices calling for the implementation of that agreement. It ignored the aboriginal leaders, provincial and territorial leaders and others who were involved in the 18 month process that led to that agreement.
Last week marked the two year anniversary of the Kelowna accord. The government ignored the voices calling for the implementation of that agreement. It ignored the aboriginal leaders, provincial and territorial leaders and others who were involved in the 18 month process that led to that agreement. It made a unilateral decision to cancel it, yet it still held the Kelowna agreement up at the United Nations as an example of how it was working in partnership with aboriginal organizations. It also voted against and actively lobbied against the UN Declaration on the Rights of Indigenous Peoples, again ignoring the voices of aboriginal peoples from across the country and not standing up for the rights of indigenous peoples at home or around the world.
First nations, the Métis and the Inuit have been virtually shut out of two budgets and two fiscal updates. For example, budget 2007 had $6 billion in new funding for Canadians. Of that, only $70 million was for aboriginal peoples. In its other fiscal documents, the funding provided for housing, for example, had been previously booked. It was not new money.
On water, the government's own advisory committee warned that proceeding with the legislation to establish drinking water standards for first nations communities without the necessary capital and infrastructure funding would not be successful. There has been no action on this report.
The current government must not ignore the voices who go against its refrain that when it comes to first nations issues, money is not the issue. We saw that message regarding the child welfare crisis, where the government chose to blame the victim.
The government has, for the first time, done land claims issues in partnership with the Assembly of First Nations. It has shown a political will to move forward in a collaborative manner, but some are already saying that they were not allowed to speak. The process of review of the bill in committee must ensure that those who wish to speak have the opportunity.
I believe it is important that we acknowledge the concern that the bill does not allow first nations to have a say in the appointment of judges to the tribunal that was created. Concerns have been expressed about that, and I think it is something about which the committee will wish to talk.
If the government is also committed to taking action on claims worth more than $150 million, the official opposition would like to see issues pertaining to the accord to be included in the current legislation to show its commitment to the issues. The official opposition also wants to ensure that the department has the internal capacity to deal with the claims as we expect them to come forward.
This issue is an important one. I look forward to hearing from those who want to come forward at second reading. We look forward to a close review of the bill in committee.
Bill C-30 is a step in the right direction. I urge members to support the legislation.