Debates of May 9th, 2013

Indian Affairs and Northern Development—Main Estimates, 2013–14

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, since he did not seem to understand the question, I will repeat it.

The minister is aware that there are many cases before the courts and that taxpayers' money is being used to fight against recognizing aboriginal rights before the courts.

My question is simple: does the minister feel it is a good use of taxpayers' money to fight the country's first nations?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, the member is playing politics when he implies that Canada should not protect taxpayers' interests.

As the government, we have an obligation to respect taxpayers. We must also ensure that all Canadians' rights are defended. At the end of the day, it is up to the court to make a decision. Canadians' interests are protected, and that is our primary concern.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, we are not playing politics when we are talking about the fundamental rights of Canada's first peoples.

The issue arose when the minister went to the Queen Elizabeth Hotel. He left in a hurry, probably because he was afraid to answer any more questions.

My question is quite simple. The government is not apologizing to aboriginal peoples for what they went through in the residential schools, and it keeps fighting against aboriginal rights. Is the minister okay with that?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, the member's characterization of Canada's position is absolutely false.

The Prime Minister, Mr. Harper, was the first and only government leader to give victims of this dark chapter of our history an apology on behalf of all Canadians. As representatives of all Canadians, we concluded an agreement. I will say again that we will meet all our obligations under the agreement that was concluded.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, on this side of the House, our approach to this serious, relevant and important issue is to move toward reconciliation with Canada's first peoples.

Yes, bravo, he apologized, but it was at the insistence of our former leader, the late Jack Layton.

My question was very simple. Does he condone the fact that the government apologized, but it keeps fighting against first peoples' fundamental rights?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, the member's statement is totally false. It is a fabrication.

The fact is that under the agreement in question, as of March 31, 2013, 97% of the 105,510 applications received had received $1.6 billion from Canadians, and 78,859 had received the common experience payment, which represents 99% of the 80,000 former residents who are entitled to the program. We concluded an agreement, we are honouring it and we will continue to work diligently with the commission to meet all of Canada's obligations.

[The Deputy Chair, Conservative, Barry Devolin]

Before we resume debate with the hon. member from Saskatoon—Rosetown—Biggar, I just want to remind all hon. members that references to colleagues by their given names is not acceptable in the House.

The hon. member for Saskatoon—Rosetown—Biggar. Could the member tell the Chair how she will be using her 15-minute time slot?

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Chair, I rise to speak to Aboriginal Affairs and Northern Development Canada's main estimates for 2013-14. Before I begin, I would like to indicate that I will use the first 10 minutes of my time to speak and the last 5 minutes to pose questions.

These main estimates reflect the Government of Canada's continued commitment to improving the quality of life for aboriginal people and northerners. Through targeted investments, this government is helping build the strong foundations of governance, human capital and infrastructure, which are the basis for healthy and prosperous communities.

Bill C-27, First Nations Financial Transparency Act, which received royal assent this past March, is one such example of our government's efforts to promote greater transparency and accountability. This, in turn, will create the conditions that encourage investment, economic development and growth, building a foundation for long-term prosperity in first nation communities across the country.

The passage of this legislation into law represents a milestone for those first nation communities, members and leaders who have been calling for this change. As I have said before, all Canadians, including first nations, want and deserve transparency and accountability from their governments. I am proud of our work with grassroots first nation members to have this legislation passed into law.

Until this legislation was passed, first nation governments were the only level of government in Canada that did not have some form of legislation to enhance or ensure accountability and transparency. Now the roughly 580 first nations operating under the Indian Act can benefit from more accountable, transparent governments.

Phyllis Sutherland, member of the Peguis First Nation and president of the Peguis Accountability Coalition, has said:

Bill C-27 will lead to big changes in accountability and transparency in First Nation communities...People at the grassroots level will be able to access information about their community without fear of intimidation or reprisal.

Colin Craig, prairie director of the Canadian Taxpayers Federation, said:

We pushed for this new law for over three years so we're ecstatic it has passed. We commend the government for acting on concerns raised by taxpayers and whistleblowers living on reserves...Plain and simple, this new law will improve accountability and especially help the grassroots hold their elected officials accountable.

The First Nations Financial Transparency Act ensures first nation citizens have the same democratic rights and protections as all other Canadians. First nations are already required as a condition of funding agreements to provide government officials with audited financial statements and a schedule of salary, honoraria and travel expenses for chiefs and councillors.

That is not always shared with local residents, even when they ask for the information. In fact, during committee hearings for Bill C-27, we heard stories of people being intimidated in their home community, just for asking for that information.

This act ensures these statements will now be made available to first nation members, as well as to the public through posting on a website. This change will not lead to an increased reporting burden. These documents are already being prepared in accordance with the same accounting principles that apply to all levels of government right across the country, using a consistent format that was put in place in 2012-13.

Our ultimate goal is one recipient, one agreement and one report. Work toward this goal has already begun through a pilot project in which several first nations across Canada are taking part. The participating first nations prepare an annual report to their community and Aboriginal Affairs and Northern Development Canada will now draw the performance information it needs from these reports to satisfy its own requirements to report to the Treasury Board and Parliament.

The results of this pilot project have been encouraging and as an added benefit, the participating first nations are in an excellent position to meet the requirements under the First Nations Financial Transparency Act.

In parallel with financial transparency created by the First Nations Financial Transparency Act, our government is reducing the reporting burden on first nations created by funding agreements. The year-end reporting handbook has been streamlined by 60% from previous years. This means that we are reducing the number of reports recipients must submit, including eliminating those that duplicate information we can now get from the audited financial statements that will be online.

All first nations will now be completing fewer reports each year, beginning this year. We intend to go even further to weed out unnecessary reporting, while ensuring Parliament, Canadians and first nations community members can evaluate the results achieved with taxpayer dollars.

Consistency and transparency will help voters in first nations make decisions at election time. They will be able to make comparisons from year to year and from community to community. They can ask questions about spending and about revenues. Some first nations governments already post financial information on their communities' websites. Some already table comprehensive annual reports to their communities. We commend them for this. The First Nations Financial Transparency Act will encourage this kind of progress right across the country. Legislation like Bill C-27 is an essential step forward on that path.

We have worked with first nations partners to develop legislation that would replace the defective election provisions of the Indian Act with a clear, consistent, reliable framework that communities can use to elect strong, stable, effective governments. I am pleased to report that our creative and collaborative work has borne fruit and the result of that creative collaboration is Bill S-6, the first nations election act.

The Indian Act elections system has significant flaws. For instance, the Indian Act requires that first nations communities hold elections every two years. This requirement deters first nations chiefs and councils from initiating long-term projects, from working closely with investors, business owners and partners in other governments and from taking full advantage of emerging opportunities to improve the lives of people in their communities.

There is more. The Indian Act does not prevent any person from running and being elected chief and to a councillor position at the same time. The current system's loose nomination process also enables the names of candidates who are neither dedicated to running nor serious about serving to be placed on the ballot without their approval and, in some instances, without their knowledge. Because of this omission in the law, some first nations elections have had more than 100 candidates vie for as few as 13 positions.

Finally, the Indian Act elections system does not contain offence and penalty provisions, leaving it open to abuse and questionable activities.

Bill S-6 would enable first nations people to shut a piece of the Indian Act by providing an alternative to its flawed election provisions. Bill S-6 would present an open, transparent and accountable election system that first nations people expect and deserve. We only have to consider some key provisions of the bill and what these provisions would set in motion to understand its value.

Significantly, Bill S-6 would provide for terms of office of four years. With this time horizon, band councils are well positioned to advance important initiatives for the well-being of their communities. As well, Bill S-6 would provide: more rigour to the nomination of candidates; offence and penalty provisions that would allow courts to impose penalties for activities such as vote buying and obstructing the electoral process; and remove the paternalistic role of the minister in reviewing and deciding upon election appeals.

It is important that we all understand that the proposed act would not be mandatory. A first nation could simply remain under its current election system, whether that is the Indian Act or its own community-based system. To opt into the new law, a band council must adopt a resolution asking the minister to add its name to the schedule of first nations to which the new election system would apply. At a later time, a first nation could remove itself from the first nations election act by developing its own community election code, submitting that code to a community vote and receiving a favourable outcome. More than that, the fact that Bill S-6 is the product of collaborative efforts among government and first nations organizations is testament to its validity as an important step forward for first nations.

As members can see from our work on the First Nations Financial Transparency Act and on Bill S-6, the first nations election act, our government is committed to helping deliver more effective, more transparent and accountable governments.

[The Chair, NDP, Joe Comartin]

The member has about four minutes and forty-five seconds for questions.

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Chair, two years ago, after hearing complaints from first nation community members, I introduced my private member's bill, Bill C-575, to increase financial transparency and accountability for first nations across Canada. My bill died on the order paper, but this government introduced Bill C-27, the First Nations Financial Transparency Act, to deliver more effective, transparent and accountable governments. I am proud to have contributed to this legislation becoming law so that first nation communities can benefit from the investment, economic development and greater certainty that accompanies enhanced accountability and transparency.

I would like to take this opportunity to acknowledge the time the minister spent in Winnipeg in celebrating this legislation coming into force and the many meetings we held that day to celebrate with many of the members who had been calling for this legislation for quite some time.

My question to the parliamentary secretary is: Why did the government bring in a piece of legislation on first nation financial transparency?

[Greg Rickford, Conservative, Kenora, ON]

Mr. Chair, I thank the member for Saskatoon—Rosetown—Biggar, who started the work on her private member's bill and made significant contributions to what would become Bill C-27 and now law.

Our government believes first nation members, like all Canadians, deserve that kind of transparency and accountability from their elected officials. The act builds on our ongoing commitment to ensure that first nations have strong, transparent and accountable governments and does not increase the current reporting requirements of first nations.

Our government has heard from aboriginal community members who have said that financial disclosure is important and necessary for their communities. I am proud that we have taken action to deliver results for first nations and, as a matter of governance, have that discussion go on between its members and its council with respect to financial transparency.

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Chair, we know first nations have been denied basic access to the financial information of their elected officials and their financial statements for far too long. We believe that first nations deserve and expect the same level of financial transparency and accountability of their first nation governments as all other Canadians.

My question to the parliamentary secretary is: What are the benefits of the First Nations Financial Transparency Act?

[Greg Rickford, Conservative, Kenora, ON]

Mr. Chair, the act actually addresses the issue of financial transparency for first nation leaders by expanding the scope of the information to be publicly disclosed. In accordance with provisions in their funding agreements, first nation band councils are already required to provide Aboriginal Affairs and Northern Development Canada with audited consolidated financial statements, which include a schedule of salary, honoraria and travel expenses for their elected band officials. Therefore, the act ensures that these statements are made available to first nation membership in their communities and the public by being posted on a website. This will help first nations by supporting reductions in the reporting and bureaucracy requirements surrounding funding agreements themselves.

Of course, transparent and accountable first nation governments also create, as importantly, a better environment for private sector investment with more confidence, which could lead to greater economic development opportunities. In fact, we heard that at the standing committee, again, with that superordinate goal of improving the quality of life for first nation communities and their members.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, I am glad to have the opportunity to ask the Minister of Aboriginal Affairs and Northern Development a few serious questions.

First, does the minister acknowledge the urgency of addressing violence against first nations, Inuit and Metis women?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, indeed, that is why economic action plan 2013 announced funding of $24 million over two years for the family violence prevention program, allowing my department to continue its programming at the funding level of approximately $30 million in 2013-14 and 2014-15. These investments contribute to enhanced safety and security of on-reserve residents, particularly women and children.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, does the minister acknowledge the tragedy of more than 582 missing and murdered aboriginal women?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, absolutely. That is why we are taking concrete action by investing $25 million over five years to address the issue of missing and murdered aboriginal women in Canada. Funding is also provided for shelters and violence-prevention programming on reserve. This should attest to our concern about the issue.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, if the minister and his government are so concerned, will they commit to a national inquiry into missing and murdered aboriginal women, yes or no?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, if the concern of the hon. member is such, maybe she could extend it to the matrimonial property rights of women, which we are trying to implement in Canada, to try to fill a gap of more than 25 years where women living on reserve are denied a basic right, which the NDP opposed.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, I would ask the minister to respect the rules and keep his answers to the same length of time as the questions.

My question is: Will the minister commit to a national inquiry into missing and murdered women, yes or no?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, the House has decided to create a special committee to look at the issue. The government has endorsed a motion and, as I understand it, the work is currently taking place to look at this issue. I am sure we can trust the members of Parliament to do an excellent job in their mandate.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, I would like to acknowledge that question was not answered. Certainly, families and organizations like the Native Women's Association of Canada would like to know that answer directly from the minister.

Which department takes the lead role in coordinating the federal government's response to violence against aboriginal women?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

This is a whole of government concern, Mr. Chair. Several departments are concerned about this issue and are working with first nations and stakeholders all across Canada to try to address this important issue.

[Niki Ashton, NDP, Churchill, MB]

Mr. Chair, again, which department is taking the lead?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, the lead over the inquiry has been taken by the Department of Justice. It is ably assisted, I might add, by a host of other departments.