Mr. Speaker, I am rising today to address Bill C-428, an act to amend the Indian Act (publication of by-laws) and to provide for its replacement.
I want to begin by saying that New Democrats will be opposing the bill for a number of very good reasons.
The bill seeks to amend the Indian Act by deleting sections dealing with wills and estates, sale of produce, trade with certain people and the sections on residential schools. It also calls on the government to make an annual report to Parliament on its progress in dismantling the Indian Act.
New Democrats do not support the bill because the member did not consult with first nations before presenting the bill.
Although the bill would delete some archaic provisions, like the sale of produce, other deleted sections, like the provisions for wills and estates, could put first nation citizens living on reserve in legal limbo because there is no guarantee that provincial legislation would cover their situations.
Tribal councils may have to provide advice regarding the proposed new provisions on wills and estates, which would be increasingly difficult due to the funding cuts to tribal councils and aboriginal representative organizations announced on September 4, 2012 by the Minister of Aboriginal Affairs and Northern Development.
Also, the deletion of the provisions on residential schools was supposed to be government legislation, not hidden in a private member's bill. New Democrats would like to see those provisions dealt with by the minister, as promised to first nations at the Truth and Reconciliation Commission's national ceremony.
I heard the member opposite actually not answer my question about consultation. However, there have been a number of court cases that talked about what consultation involves. I can say that consultation does not entail receiving emails from people. It does not entail posting some information on one's website. That does not constitute consultation, nor is consultation constituted by having witnesses appear before a committee.
If the Conservatives are serious about a new relationship with first nations, they would withdraw the bill, go back to the drawing board and talk to first nations from coast to coast to coast with meaningful consultation. They have a duty to consult.
This piece of legislation could have very serious--