Mr. Speaker, I am pleased to rise in support of Bill C-30. From the outset, let me say that the Bloc Québécois will be supporting this bill at this stage, as it will hopefully see first nations claims that have remained unresolved since the 1970s finally be resolved. In addition, we believe that implementing this bill, a collaborative effort involving the first nations among others, will help speed up a settlement.
It is important, however, to put some of our concerns across. That is why we will have every witness necessary appear before the committee, so that our fears and concerns can be addressed. In fact, the Bloc Québécois is the greatest champion of the Quebec nation and also one of the greatest champions of aboriginal nations.
What we are somewhat concerned about in this bill is the fact that a single judge will be able to reach a binding decision on the responsibilities of a third party who may not even have participated in the judgment. That is one of our concerns. Among other things, could a judge unilaterally impose on a third party a responsibility to pay a claim? What will happen to the Government of Canada’s fiduciary responsibility for the first nations, since that is its primary responsibility? We do not want this bill to permit the Government of Canada to evade its fiduciary responsibility for the first nations. Some of the specific claims of the first nations are quite simply Ottawa’s responsibility.
We are very aware of the fact that, for more than 60 years, various House committees have recommended that an independent tribunal should be established to deal with specific claims of the first nations. It is certainly time, therefore, to take a look at it. We have to make sure that this bill is the right approach. We in the Bloc Québécois also think that the accelerated negotiation of specific claims of the first nations, as proposed in the bill, is basically subject to the answers obtained to various questions. This is good news for the first nations.
I should say for the benefit of the people listening to us that the purposes of this bill are, first, to establish an independent tribunal, the specific claims tribunal, second, to bring greater fairness to the way specific claims are handled in Canada, and third, to improve and accelerate the specific claim resolution process.
We know historically that a number of joint and Senate committees have recommended since 1947 that an independent tribunal should be established. The first nations have been asking for this now for more than 60 years. Negotiations will still be the preferred method of resolving issues, but when no agreement can be reached, a tribunal is necessary to solve the problem.
Over the summer of 2007, discussions on related implementation matters took place between federal officials and first nation leaders. These talks were led by a Joint Canada—Assembly of First Nations Task Force, which was announced last July 25. The bill was developed, therefore, through this collaborative process. It should be said, however, that the first nations of Canada set up a committee to work on the bill but no member of the first nations of Quebec was on it. The Government of Canada also met with a number of provinces, including Quebec, to present the bill to them.
At whom is the bill aimed? The claims it addresses are strictly financial, up to a maximum amount of $150 million. The budget is $250 million a year for 10 years. The bill applies only to financial claims, as I said. It does not apply to claims for punitive damages or losses of a cultural or spiritual nature or non-financial compensation. No lands can be awarded under the bill. It can only provide financial compensation. In addition, the claim must be based on events that occurred within the 15 years immediately preceding the date on which the claim was filed. This is meant, of course, as a response to claims that have not been dealt with since 1947.
The land claims deal with past grievances of the first nations. They relate to Canada’s obligations under historic treaties or the way it managed first nation funds or other assets, including reserve land.
I want to reiterate, therefore, that the only purpose of the bill is to provide financial compensation.
Insofar as implementation is concerned, the bill provides for three scenarios in which a first nation could file a specific claim with the tribunal. The first is when a claim has been rejected by Canada, including a scenario in which Canada fails to meet the three-year time limit for assessing claims. The second can arise at any stage in the negotiation process if all parties agree. As I said previously, therefore, negotiations are the preferred approach. However, if the parties see that they cannot agree, all or one of them can ask the tribunal to resolve the issue. The third scenario in which the tribunal could be asked to decide is after three years of unsuccessful negotiations or three years without any results. The tribunal could then be asked to deal with the problem.
On the operational level, the tribunal will examine only questions of fact and law to determine whether Canada has a lawful obligation to a first nation. If a claim is deemed valid, the tribunal—