moved that the bill be read the third time and passed.
Mr. Speaker, I share the members' enthusiasm for Bill C-30, the specific claims tribunal act. The legislation represents a significant step forward in the relationship between Canada and first nations.
A specific claim is a grievance related to Canada's obligations under historic treaties, or the way it managed first nation land and other assets. Resolving these claims benefits not only first nations, but all Canadians. Resolved claims bring certainty regarding land and resource ownership, allowing first nations and all potential investors to go forward with confidence.
Settled claims help to create strong, prosperous first nation communities that generate social and economic benefits that spill over into neighbouring communities, creating even greater prosperity for all Canadians.
Settled claims help to create strong, prosperous first nation communities that generate social and economic benefits that spill over into neighbouring communities, creating even greater prosperity for all Canadians.
As my hon. colleagues know all too well, the processes now in place to negotiate and resolve specific claims are unacceptably slow. Bill C-30 is the first element in the government's plan to overhaul the specific claims process and to restore confidence in the integrity and effectiveness of the process.
Bill C-30 proposes to establish the specific claims tribunal, an independent tribunal empowered to settle specific claims. The tribunal can make binding decisions on specific claims that have been rejected for negotiation, or when negotiations fail or after three years of unsuccessful negotiations.
Bill C-30 proposes to establish specific deadlines and mechanisms to ensure that claims are settled in a fair, open and timely fashion. The tribunal will make final decisions on the legitimacy of claims and on appropriate levels of financial compensation. It can award settlements of up to $150 million per claim and decisions will be binding and not subject to appeal, although they will be subject to judicial review. This will all be overseen by federally appointed superior court judges, who will serve on the tribunal.
To hold the specific claims tribunal accountable to Canadians, the proposed legislation requires the tribunal chairperson to prepare annual reports to Parliament, complete with financial statements. In addition, the minister of Indian affairs and northern development must conduct a review of the legislation within five years and table the results in Parliament. This review will address everything from the tribunal's mandate and structure to its operations and achievements. Because this is all borne out of a partnership, first nations will be involved in the review, as amended by the standing committee in the House of Commons.
Bill C-30 includes several provisions to protect the interests of all Canadians. The tribunal cannot award land, for instance. It can only award cash settlements, even when land is the principal subject of the specific claim. First nations are free, however, to use moneys awarded by the tribunal to purchase land from willing sellers. When the tribunal decides a claim related to land, the first nation interest in that land would be released so that title would be cleared.
I emphasize that in no way does the proposed legislation diminish the government's commitment to negotiate specific claims. Negotiated settlements are always preferable because they are the product of collaboration, mutual respect and informed conciliation. Bill C-30 would support negotiations by articulating a clear, direct path toward settlement.
Bill C-30 is the product of a lengthy consultative and collaborative process that involved key stakeholders. The bill itself was developed jointly with the Assembly of First Nations. There is no doubt that these exchanges added considerable value to the proposed legislation. In fact, many of the witnesses who testified during the review of Bill C-30 by the Standing Committee on Aboriginal Affairs and Northern Development remarked on the positive elements of this joint Canada-AFN collaborative effort.
The following is a quote from the testimony from Chief Lawrence Joseph of the Federation of Saskatchewan Indian Nations. He stated:
I...have served in the government for 30 years and also as a chief for 10 years, and I have never seen this high-level type of commitment from government to actually do something jointly with first nations in a very strategic and structured way. I applaud that.
Others applaud it as well. The national chief of the Assembly of First Nations shares this view. During his testimony, National Chief Fontaine made these remarks. He stated:
Bill C-30 represents a tremendous collaborative effort between first nations and the federal government at achieving agreement on the design, composition, and mandate of an independent specific claims tribunal.
The standing committee heard from many witnesses supporting Bill C-30 and the process that led to its creation. It is important to recognize, though, that representations from stakeholders over the years were important not only to the development of the proposed legislation, but also the implementation of the larger action plan on specific claims.
The plan includes several components such as dedicated funding for settlements, increased access to mediation and improved negotiation processes. In fact, government and first nations officials have worked tirelessly to refine and implement the plan ever since the Prime Minister and the national chief of the AFN announced it 11 months ago.
A joint task force helped develop the legislation now before us, in an agreement between the national chief and myself to collaborate on issues not explicitly addressed in the legislation, such as additions to reserve and claims valued in excess of $150 million. In other words, we continue to work on other things at the same time. Each of these components takes into account years of feedback from first nations groups.
This comprehensive action plan is designed to deliver meaningful, measurable results. The time it takes to process new claims will be cut in half. While it will take some years to eliminate the current backlog, the total number of claims in the system will decrease steadily. Given that unresolved claims often impede social and economic development, I fully expect that the increase in settled claims will usher in a new era of prosperity for many first nations communities. Our Conservative government knows that this will benefit all Canadians, aboriginal and non-aboriginal alike.
I will cite one more excerpt from National Chief Fontaine's testimony to the standing committee. In this quote Mr. Fontaine talks about why he was so keen to help develop the legislation. He said:
We thought we would finally be able to bring about a fair and just resolution to the many outstanding claims....We were talking about an opportunity not just to settle these claims but to revitalize first nations economies in many parts of the country....So we're talking about bringing about some major changes that will benefit and improve the lives of our people...
Bill C-30 paves the way for a new era, one that features greater collaboration between first nations and the Government of Canada. The proposed legislation will help create the legal certainty that first nations need to strengthen their communities and bring Canadians together in common purpose.
Bill C-30 paves the way for a new era, one that features greater collaboration between first nations and the Government of Canada. The proposed legislation will help create the legal certainty that first nations need to strengthen their communities and bring Canadians together in common purpose.
For all these reasons, Bill C-30 richly deserves the support of all members of the House. I encourage my hon. colleagues to vote in favour of this important legislation now before us.