Mr. Speaker, let me begin by saying that those of us on this side of the House will not take a back seat to anyone on human rights. I am very proud to be part of a group and a community that has championed human rights, a party that has enshrined in Canadian society the right to freedom of religion, freedom of thought, freedom of expression and freedom of the press, to name but a few.
However, I listened to my colleague opposite, and before I get into the substance of the bill, I want to remind him that while his Conservative government has indeed introduced legislation to right a legislative wrong, it has to do more. We cannot talk about addressing human rights issues without addressing the human rights needs of individuals, such as housing, drinking water and education.
As we know, the Kelowna accord addressed many of these human rights needs of first nations. The actual negotiation for Kelowna took place over 18 months between 2004 and 2005. It focused on building a more promising future for aboriginals. It set aside more than $5 billion over that period to close the gaps in the needs that we expect all Canadians to have: the human rights needs of a safe place to live, a bed to sleep in, education, housing and economic opportunities.
In my view, it is a profound breach of faith that the minority Conservative government decided to break a promise made by the previous government, a solemn promise made to the leaders of the nation's five most prominent aboriginal groups.
If we are going to strengthen democracy, we cannot ignore the human rights needs of our first nations people that go beyond the legislative need to file a human rights complaint.
I will acknowledge that there has been a hole in the Human Rights Act, a hole that needed to be and should have been filled by previous governments.
When I speak of section 67 of the Human Rights Act, I acknowledge that it was designed to be in place for only a temporary period of time. That temporary period of time, we have heard, has been 30 years. It is time that steps are taken to extend to aboriginal peoples on reserve what those of us not on reserve take for granted, that is, the ability to file a human rights complaint when we feel that our rights are being abused.
However, while I support the intent of the legislation, and I want to underline the fact that I support it, I do have some concerns.
The first concern I want to raise has been raised by one of my colleagues in questioning. In keeping with its pattern of operation, the Conservative government has yet again failed to recognize and acknowledge that the time period in which the federal government would dictate policy to aboriginal people is behind it. It is no more.
We do not impose any more without consulting. Why the government would choose to operate in this way is beyond me. There has been no consultation. There has been no forewarning. There has been no discussion with first nations. There has simply been a decision made to do it and say that it is time to impose it. That is not the way to do business with first nations.
Previous reports that examined the effect of repealing section 67 of the Human Rights Act have made it clear that a transition and implementation period is necessary in order to effectively acclimatize first nations for the legislation. The Human Rights Commission, which we all know of and is well regarded, recommended that the transition and implementation period be a minimum of 18 months and up to 30 months. Other groups have also recommended an implementation and transition period of 30 months.
Did the government consider this when it drafted its recommendations? Did it consider what the Human Rights Commission had to say? Did it ask first nations how long they thought they needed before being adequately prepared? It appears not. It seems that they plucked a number out of the air and said that first nations have six months to prepare.
We know that most first nations do not have the resources or capacity to cope with the potential exposure to liability or to undertake measures to reduce risk. We know that in the bill the government has neglected to mention any resources that will be allocated to capacity building. There must be a capacity both to respond to and to prevent human rights violations.
Also, as it relates to the repeal of section 67, the government has chosen to ignore the matter, and again it has been raised here today, of an interpretive clause. By so doing, the government has once again said that it knows best. It has ignored the advice of the Human Rights Commission and the will of first nations, which both say that an interpretive clause is a necessary inclusion in any legislation dealing with section 67.
The purpose of the clause would be to assist the Human Rights Commission in adjudicating claims against first nations governments, agencies and institutions. In previous submissions on the repeal of the section, the Assembly of First Nations has strongly advocated for the inclusion of such a clause. It does so to ensure that their concern in maintaining an appropriate balance, which again we heard raised earlier today, a balance between collective rights and individual rights, is maintained, and consequently the tradition of collectivity carries on for future governments. Again the government has chosen to bypass this. Before Bill C-44 is finalized, there must be an accommodation for an interpretation clause.
Yet another concern as it relates to the repeal of section 67 is the impact it will have on aboriginal and treaty rights. The constitutional analysis and effect related to the repeal is unknown and needs to be examined before moving forward with the bill. We have heard that will happen in five years. It seems to me that this is putting the cart before the horse. Usually in all other areas when we implement legislation, we need to know what the impact will be, and then we move forward. We seem to be doing it backwards this time.
Another concern is the issue of jurisdiction and who is best able to deal with the issues of human rights complaints on reserves. In its report on section 67, again the Human Rights Commission suggests the possibility of the enactment of a first nations human rights commission and tribunal. Its idea, which I believe the Assembly of First Nations has endorsed enthusiastically, is nowhere to be seen in the legislation. The establishment of such a commission and tribunal would go a long way to addressing the concerns.
From the outset, I say on behalf of my party that we support the intent of the legislation. Our support for the purpose of the legislation, the extension of rights, is consistent with the Liberal Party's activities over the years from Confederation to today. However, I do have to note the irony that the same government that rushes to introduce the legislation is also responsible for successfully lobbying for the abandonment of the UN declaration on the rights of indigenous peoples.
I agree that the same rights need to be extended across this country to every person. The fact that the legislation will extend the ability to file human rights claims is long overdue, but I repeat that there are concerns that need to be addressed. There are matters of consultation. There are matters of implementation. There are matters of capacity. There are matters of an interpretive clause. There is the matter of the analysis on the impact on treaty and aboriginal rights. Also, there is the whole issue of operation.
I look forward to seeing this piece of legislation go to committee. There is much work to be done in committee before it can be brought back to the House for a successful conclusion.