Mr. Speaker, I am very certain that we, in this House, can agree that it is time the first nations gained their independence from what is largely a paternalistic, almost feudal, system of governance, one predicated on an act that is almost obscene in its condescension and paternalism.
The Indian Act is archaic. Enacted in 1876, the act is more than 125 years old and is one of the oldest pieces of Canadian legislation. It has no place in contemporary Canadian society. The first nations deserve to have their own truly indigenous system of governance and are quite capable of doing so.
I would point out to hon. members that Bill C-428 is not a full-scale repeal of the Indian Act. Instead, it seeks to amend and replace very specific outdated and antiquated clauses that are either not being enforced or are hindering first nations from achieving lasting cultural freedom and true economic and societal success.
Time and time again in this House, we speak about government accountability, accountability to all our citizens, our constituents, this House, and most critically, our great nation.
Our government remains committed to working with first nations to make changes to elements of the Indian Act that are barriers to first nations governance and economic growth.
Today in this House of Commons, which should and must be representative of all the people of Canada, I would like to speak about another type of accountability, the accountability of first nations governments to their own communities. Bill C-428 would propose to enhance the essential links between those who govern and those who are governed, forevermore.
First nations band councils do not currently have the same opportunities that urban and rural municipalities have to independently develop and enforce bylaws, which are essential for the safe and timely running of their communities.
Unfortunately, there is no requirement for first nations to make their bylaws publicly available to their members. As a result, for years, first nations residents and law enforcement officials have found it difficult to ascertain the specific nature and quality of the bylaws that exist in each individual first nation.
Moreover, in a true testament to the paternalism of the Indian Act, first nations band councils have had to seek out the Minister of Aboriginal Affairs to request approval for each and every bylaw they wish to pass into legislation.
This cumbersome process has caused many bands to wait lengthy periods of time for formal approval, or conversely, to discover that their bylaws have been declined. Other band councils have chosen to completely bypass the minister, and as a result do not openly inform their membership of those changes to band bylaws.
Currently, following the submission of new bylaws to the minister, there follows a 40-day period during which the law properly voted on and passed by the respective band council may be disallowed by the minister. No such legislation exists anywhere in any provincial or municipal act within mainstream Canadian society.
In practise, this process often stretches out to well beyond the 40-day limit, a result of the back and forth between the bureaucracy in Aboriginal Affairs and the band council on change requests to the already passed bylaw.
The proposed bill would eliminate the requirement for aboriginal councils to request approval from the Minister of Aboriginal Affairs for bylaws, which are formalized into law as a matter of course in the various other legislative bodies, be it at the borough, village, or municipal level, as they currently exist within greater Canadian society.
Bill C-428 would create a more transparent and accountable process for all first nations band members and would remove the department and the minister from the equation.
First nations councils would be required to publish their bylaws on their websites or via some readily accessible public communication channel, such as a band newsletter, a widely read local newspaper, television, radio, or some or all of the above.
All first nations communities deserve to have the opportunity to hold their councils fully accountable without external, and at times naive and unenlightened, oversight.
I believe that an integrated step in government accountability lies in providing the ability for all first nations to not only make their own bylaws but to publish them.
Bill C-428 would place the responsibility for bylaw-making powers squarely in the hands of the first nations communities, where it belongs. It would provide the grassroots membership of the bands with greater accountability from their band councils. The requirement to make each first nation bylaw publicly accessible would provide clarity for first nations residents, visitors, and law enforcement officials seeking to understand their collective community obligation to either abide by or enforce the laws within the community.
Bill C-428 would repeal sections of the Indian Act, which, though they might remain in law, are no longer enforceable or relevant. This redundancy confuses the real issues facing the Crown and the first nations. However, before we can proceed, we must remove this redundancy so that we, as a House, can begin to see the portions of the Indian Act that substantively affect the daily lives of the first nations people.
Bill C-428 would seek to bring the language and content of the existing statute into the modern era. By taking concrete steps to amend the language and remove outdated and irrelevant sections of the Indian Act, the bill would address some of the challenges facing first nations communities with regard to their political, social, and economic development.
Firm incremental changes such as these would truly pave the way for further legislation to be developed in collaboration with first nations legislation, which, indeed, would benefit all Canadians.
It is only by building on the goodwill of all Canadians, who I believe wish to see us work together on this momentous journey to bring all of our citizens to greater prosperity and a sense of self-worth, that we can begin to share the true potential of this great land we call Canada.