Mr. Speaker, it is my great honour to speak to the important motion of our leader today. It proposes a path forward to move the Crown–first nations relationship beyond an outdated and fundamentally flawed piece of legislation. Unlike my Conservative colleague suggested, this is not a prescription and it is not top-down. This is a blueprint of a process that the Prime Minister needs to undertake about how this would get done and actually defines what real leadership would look like.
First nations have rightfully objected to the inherent paternalism of the Indian Act, which is an instrument of assimilation and external control by the federal government on the rights of first nations peoples. Today, and despite a number of legislative changes, the original framework of the act remains largely intact, as the principal vehicle for federal jurisdiction over first nations in areas not covered by treaties, agreements or parallel legislation.
Furthermore, the Indian Act defines who is considered first nations. It also governs band membership, band governance, taxation, the definition of reserves and the management of funds and resources.
There is broad consensus that we need to move away from the Indian Act, which is the embodiment of failed colonial and paternalistic policies that have denied first nations their rights and fair share in resources, fostered mistrust and created systemic barriers to the self-determination and success of first nations. However, first nations have been unequivocal that any plan to move away from the Indian Act must be led by first nations, must be pursued in ways that work for first nations and their communities, and must respect and fully adhere to first nations' rights as well as the outstanding promises and historic commitments of the Crown to first nations.
The Liberals fully agree. We believe that the relationship with first nations must return to the path of mutual respect, true partnership and co-operation, which was established in the original treaty relationships between first nations and the Crown.
That is precisely the approach taken by the Liberals during the nation-to-nation negotiations that led to the Kelowna accords in 2005. That is the same approach we are taking with the motion before us here today on how to replace the Indian Act.
The Conservatives have promised to consult with and work with first nations in a more genuine partnership. This was the basis for the Crown–first nations gathering in January, yet little has been delivered by the Prime Minister or his government. In fact, the Assembly of First Nations National Chief Shawn Atleo has recently noted that the anticipated progress report due this January will not contain anything of substance reflective of the opportunity and commitment to change.
Instead, the Conservatives continue to pursue unilateral changes to the Indian Act and other legislation, for example, on water, education, environment and accountability, which affect the rights of first nations and their traditional territories, without meaningful consultation or accommodation. As National Chief Shawn Atleo said earlier this month, “Yes—the Indian Act and the Indian Act bureaucracy must be fundamentally and finally eliminated. But here too any attempt to tinker or impose will not work”.
Yet, we have a government MP currently moving legislation through Parliament, with the support of the government, to unilaterally change various portions of the Indian Act with no prior consultation. The member for Desnethé—Missinippi—Churchill River has introduced legislation that would repeal or amend sections addressing wills, education and band bylaws. This was the legislation that was opposed by the member for Papineau.
This ill-advised approach only repeats some of the unsuccessful attempts made in the past, which caused only anger and frustration instead of allowing room for respect and partnership.
I repeat that first nation leaders have been unequivocal in stating that any plan to move away from the Indian Act must be led by first nations and done in ways that work for first nations and their communities, and that respect and fully adhere to the inherent constitutional and treaty rights of first nations.
Motion No. 386 would establish this precise process.
The motion calls on the federal government to work directly with first nations to create a formal nation-to-nation process of engagement that focuses on replacing the Indian Act with new agreements between the Crown and first nations across Canada.
The motion makes it clear that these new agreements must be based on the constitutional, treaty and inherent rights of all first nations; the historical and fiduciary responsibilities of the Crown to first nations; the standards established in the UN Declaration on the Rights of Indigenous People, including the principle of free, prior and informed consent; respect, recognition, reconciliation and support for first nations; partnership and mutual accountability between the Crown and first nations; and the stability and safety of first nations as defined and prioritized by first nations.
The motion calls on the government to begin this process within three months of being passed by Parliament. It also calls for a mutual accord to be reached in order to examine how to go about replacing the Indian Act within two years of being passed by Parliament.
Implementing such a process has the potential to truly reset the relationship and move us beyond the unrealized promise of the Crown-first nations gathering that too many chiefs are now referring to as a photo-op.
The government's current handling of the relationship is not going well. Just yesterday, Manitoba's three grand chiefs expressed exasperation that the first nations have had little or no say in any of the legislation being rained down upon them, despite constitutional guarantees to consult and accommodate them. Grand Chief Derek Nepinak of the Assembly of Manitoba Chiefs stated, “I'm tired of seeing our people run over by all of this”.
The Conservative government has not been accountable to first nations on the transfer of deeply discriminatory funding for things such as health care, child welfare, housing and education. The education gap is widening in terms of both funding and outcomes. Housing shortages are becoming more acute. Water and waste water systems are in crisis. The tragic gaps in terms of first nations health outcomes are continuing unabated.
The national chief has written the Prime Minister expressing the frustration of first nations leadership with the lack of progress on the commitments made at the Crown-first nations gathering as well as with the government's broader legislative agenda. It is a legislative agenda that could have detrimental effects on first nations in terms of environmental regulation, fisheries policy, criminal justice and a host of bills directed specifically at first nations, without prior consultation.
Canada's aboriginal people are the youngest and the fastest growing segment of our population. However, the Conservative government has effectively turned its back on this tremendous resource and a potential source of future prosperity for all Canadians.
National Chief Atleo recently noted the upcoming 250th anniversary of the Royal Proclamation of 1763, in October 2013. He also noted that renewing the relationship must be the basis of our work today to achieve fundamental change for first nations in Canada.
Today's motion would create a process for replacing the Indian Act that would be led by first nations and done as partners with first nations, not for first nations. The royal proclamation articulated how the Crown and first nations would share this magnificent land together, government-to-government, and move forward in a respectful way, as articulated in the motion. I urge all members of the House to support the motion as a way to truly reset the relationship with first nations in Canada.