Mr. Speaker, Bill S-6 would make a positive difference in the lives of first nation citizens. As the government has articulated clearly, this bill would enable first nations to build stronger, more accountable governments that would lead to better futures for themselves, their families and their communities.
Before I go on, I would like to advise the House that I plan to share my time with the most distinguished and most effective member in the history of York Centre.
Bill S-6, which henceforth shall be known as the First Nations Elections Act, will give individual band members an electoral system they can trust.
When they exercise their democratic rights, they will have the confidence that they are doing so within a strong system that is available to Canadians at elections held at all other levels of government: federal, provincial and municipal.
Bill S-6 is about empowering first nation people with the tools they need to hold their own governments to account and make informed decisions about their leadership.
It is about ensuring that chiefs and councillors have the legitimacy and political stability they need to make the best decisions on behalf of their communities.
In essence, you could say it is about building trust, respect and confidence in the local leadership and the system used to elected them.
However, the proposed legislation does not just empower first nation citizens. It offers a viable alternative to some of the most objectionable parts of the Indian Act related to elections, which hinder the ability of a first nation's leadership to improve the well-being of its community, or attract and create economic and investment opportunities, for that matter. Let me explain some of those shortcomings and how this has impacted first nation governments and communities.
The first serious failing of the Indian Act is that it limits the term of office for elected officials to just two years. In contrast, federal, provincial and most municipal governments generally have terms of four years.
Two-year election terms place first nation chiefs and councillors in a state of constant electioneering, like having constant minority governments.
This prevents first nation leaderships from focusing on the long term and does not provide enough time to plan for and implement long-term initiatives. Almost as soon as they are elected, band councils turn their minds to the next election.
As a result of this short-sightedness, first nations governments often fail to build a proper foundation for community development. This concern has been expressed by both first nations governments and residents, who lament that this failing has created conditions of instability and missed opportunity.
All of this has a direct bearing on economic development and job creation. Private sector interests hesitate to invest in such uncertain conditions. At the end of day, it is first nation communities—and first nations men, women and children—that pay the greatest price for this instability in the way of missed business development and employment opportunities.
The first nations' next bone of contention with the electoral system under the Indian Act is the process for nominating candidates, or should I say, the lack thereof. Provisions in the Indian Act allow elections to go ahead, even if the nominated person has no interest in running for office or, as sometimes happens, is unaware that his or her name is on the ballot.
By the way, we used to have this problem in Ontario. Ninety years ago, my grandfather was elected reeve of a local township. He had to cancel his election the next day, because he did not seek the office.
Once people are nominated, their names automatically appear on the ballot, unless they withdraw in writing. If the ballots are already printed, a name stays on the ballot even if the candidate has withdrawn.
Therefore, people with no intention of serving on council can find themselves in this position, and may even be elected, but not wanting to serve. This happened to my grandfather 90 years ago.
That is not the only issue. The Indian Act and the Indian Band Election Regulations also permit the same person to be nominated for both chief and the councillor positions.
Furthermore, there is no limit on the number of candidates that any one person can nominate. It is not unheard of to have up to 100 people vying for a handful of positions on council. All of these issues would be resolved with the passage of Bill S-6.
Another concern that came up over and over relates to the mail-in ballot system under the Indian Act.
We have all heard stories of people whose names were on the band voter list who sold their ballots to others. Unfortunately, these are not just rare occasions. Research suggests that in some parts of the country, the alleged buying and selling of mail-in ballots has been widespread. Since the band council provides electoral officers with a list of addresses for mail-in ballots that may or may not be accurate or up to date, situations like this can easily take place.
First nations electors and leaders have made it clear that they want a more rigorous process, one that assures them that ballots will only be mailed out to, and cast by, eligible voters.
These concerns are compounded by the fact that the Indian Act does not include any offences and penalties for fraudulent activity connected to the electoral process in first nation communities. At the moment, anyone wishing to cheat the system is free to do so. If these same activities were to take place in the context of a federal, provincial or municipal election, the individual would be subject to criminal prosecution.
Why do first nations people expect less? They do not.
Finally, under the Indian Act, the power to investigate and make decisions about the validity of election results rests with the minister. This takes us back to a time when it was believed that the minister was the best person to oversee matters of band governance. This government does not agree. We believe that first nations communities, not the minister, are best placed to make informed decisions about their own leadership and that first nations governments are best placed to make decisions about their own affairs. That is why we want to empower them with the tools they need to hold their own governments to account.
In addition, the existing appeal system under the Indian Act is deeply flawed. It is incredibly complicated and lacks sufficient rigour and transparency to be effective.
In addition, the existing appeals system under the Indian Act is deeply flawed. It is incredibly complicated and lacks sufficient rigour and transparency to be effective.
That is why Bill S-6 introduces several improvements, as an alternative to the Indian Act, that will better respond to the request of first nations for a more rigorous and reliable elections system.
This bill, and Bill C-27, the first nations financial transparency act, which received royal assent earlier this year, help to create the conditions that will encourage stronger, more stable and effective first nations governments, based on principles of accountability and transparency. Let me briefly highlight the main advantages of this bill for first nations that choose to opt in to these provisions.
First, the proposed legislation provides for longer terms of office.
Second, Bill S-6 would offer a more robust process to nominate candidates. First nations would be free to bring in a fee for candidacy. An anomaly, such as one person being elected to both positions of chief and councillor, would be eliminated.
Third, it outlines penalties for defined offences, such as obstructing the electoral process or engaging in corrupt or fraudulent actions, similar to those found in other election laws.
Fourth, it removes the minister’s role in the election process. The minister would no longer be involved in election appeals or the removal of elected officials. Those decisions would be made by the courts. I urge all members of this House to support the swift passage of this important legislation.
In closing, I would like to remind my colleagues that next Friday, June 21st, will mark National Aboriginal Day in Canada.
This date was chosen because it coincides with the summer solstice, a time when many aboriginal peoples celebrate their culture and rich heritage.
That morning, at seven o’clock, we will meet next door at the Château Laurier for the first National Aboriginal Parliamentary Prayer Breakfast.
That evening, at 10:45, there will be a wreath-laying ceremony at the Aboriginal Veterans National Monument in Confederation Park, on Elgin Street.
