Debates of Oct. 24th, 2013

Aboriginal Affairs

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, earlier this week I asked the minister a question about whether or not the government would respect its duty to consult, and it was in the context of the comments by the UN aboriginal envoy, Mr. Anaya, on a number of issues. In particular I want to highlight the issues around the first nation education act.

In Mr. Anaya's statement, he said:

...I have heard remarkably consistent and profound distrust toward the First Nations Education Act being developed by the federal government, and in particular deep concerns that the process for developing the Act has not appropriately included nor responded to aboriginal views. In light of this, I urge the Government not to rush forward with this legislation, but to re-initiate discussions with aboriginal leaders to develop a process, and ultimately a bill, that addresses aboriginal concerns and incorporates aboriginal viewpoints....

I have heard from many people since the government released its draft of the first nation education act. One person who wrote me talked about seven tests for the first nation education act. I will not have time to go through all of them, but there are a couple of points I think are important.

The first test is this: does it guarantee actual funding allocations, or leave it to the discretion of the department?

The second test is this: does it guarantee needs-based funding or equity to provincial schools?

The third test is whether this is real first nations control of education, or will the federal government maintain oversight?

The fourth test is this: will this act enable the full expression of first nations languages and cultures in first nation schools?

There are a number of other important tests as well.

I raise this point because the government itself commissioned a report called “Nurturing the Learning Spirit of First Nation Students”. There was not agreement on every point in that report, but there are a couple of pieces I want to highlight in the context of duty to consult.

The report outlined an important principle when it said:

First Nation Education Reform must be undertaken in the spirit of reconciliation and collaboration among First Nations, the Government of Canada, and provincial and territorial governments.

There were a number of recommendations made, and I want to touch on two of them.

The report said:

A strong First Nation Education System would be built upon a solid foundation that encompasses the following:

The co-creation of legislation in the form of a First Nation Education Act that outlines responsibilities for each partner in the system and recognizes and protects the First Nation child's right to their culture, language and identity, a quality education, funding of the system, and First Nation control of First Nation education

The other important recommendation, of course, was:

Statutory funding that is needs-based, predictable, sustainable and used specifically for education purposes

In the context of a report that was commissioned by the government and an interim statement by the special envoy, Mr. Anaya, on the need for meaningful consultation—and one can read “accommodation” into that—I want to reiterate my question to the parliamentary secretary: will the government heed the word of the UN special rapporteur and respect its duty to consult?

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I am pleased to rise to speak to the question of the hon. member for Nanaimo—Cowichan, a fellow British Columbian and someone who is concerned about aboriginal peoples in Canada.

This is my first opportunity to participate in adjournment proceedings and I am glad you are in the chair for that experience too, Mr. Speaker.

Our government was pleased to have had the opportunity to meet the United Nations special rapporteur during his recent visit to Canada. During his visit, he met with the Minister of Aboriginal Affairs and afterward he stated:

It is clear to me that Canada is aware of and concerned about these issues, and that it is taking steps to address them. I have learned about numerous programs, policies and efforts that have been rolled out at the federal and provincial levels, and many of these have achieved notable successes.

In response to that statement the minister said that the social well-being of aboriginals was at the centre of Canada's preoccupations and explained why the government had taken and continued to take effective incremental steps to improve the situation.

Clearly, our government recognizes the challenges faced by many aboriginal people in Canada and that is why we are committed to working collaboratively and creatively on shared priorities and toward moving forward in the spirit of reconciliation on our shared goal with first nations to create the conditions for healthier, more self-sufficient first nations communities and our first nations education act consultations fall into that category.

We are happy that the UN special rapporteur pointed to the numerous efforts our government had taken to address treaty and aboriginal claims as well as to encourage jobs, economic growth and long-term prosperity for Canada's first nations communities.

The special rapporteur's observations in regard to the well-being of aboriginal peoples clearly illustrates where our government has taken and continues to take practical and incremental steps to improve the situation in collaboration and consultation with aboriginal peoples.

We acknowledge the special rapporteur's preliminary observations and recommendations and we look forward to his final report. Once we receive the final report of the special rapporteur, our government will review the report and its conclusions and recommendations.

In addition, our government will continue to respect aboriginal and treaty rights by consulting with those aboriginal groups whose rights and related interests may be adversely impacted by any proposed activity.

It was our government that endorsed the United Nations Declaration on the Rights of Indigenous Peoples and reaffirmed its commitment to promoting and protecting the rights of indigenous peoples. Our endorsement of the declaration clearly demonstrates our commitment to renew our relationship with aboriginals and to continue to work in partnership to create a better Canada.

Our government has taken considerable steps to address the challenges faced by aboriginals. Since 2006, we have brought in key legislation to improve first nations quality of life, governance and legal protections and we are committed to taking continued action on this front.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I want to welcome the parliamentary secretary to his new role. I look forward to working with him on committee.

I need to also put on the record a couple of pieces here.

Mr. Anaya said, “From all I have learned, I can only conclude that Canada faces a crisis when it comes to the situation of indigenous peoples of the country”. He went on to say that the Canadian government still had a long way to go in narrowing the “well-being gap between aboriginals and non-aboriginals” and he urged the government not to rush forward with the education reform legislation but to re-initiate discussions with aboriginal leaders.

By any test, re-initiating discussions with aboriginal leaders does not solely rely on a website that says “email us your comments”. That is not meaningful consultation.

I want to come back to the government's own report that it commissioned that talked about co-creating legislation. Co-creating legislation means that first nations sit at the table, help develop the process and are there throughout the entire process, right through to the conclusion of developing new legislation.

Again, will the government respect its duty to consult and to accommodate first nations?

[Mark Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Speaker, our government takes its legal duty to consult and accommodate very seriously. Where appropriate, we have said that we would accommodate aboriginal groups if it has been determined that treaty and aboriginal rights could be impacted.

I do take issue with the idea that somehow we are rushing forward on first nations education reform. We have consulted widely with first nations right across the country. The minister has put out a proposal for first nations education. He has not committed to introducing it even in the House before he hears from first nations right across the country. He sent that framework to every first nation in the country, to the national chiefs, to the regional chiefs and to the grand chiefs. First nations people right across the country will have an opportunity as will all other interested stakeholders to provide their input, to be consulted and to give us their ideas on what they think should be in a first nations education act.

We know that we need to improve first nations education in Canada and that is something to which our government is certainly committed.

[The Acting Speaker, Bruce Stanton]

The motion that the House do now adjourn is deemed to have been adopted. Accordingly the House stands adjourned until tomorrow at 10 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 7:14 p.m.)