Mr. Speaker, it is with some concern that I rise today to speak to Bill C-62, the Yale First Nation Final Agreement act.
Resolving outstanding issues of first nations' rights through the negotiation implementation of treaties has important benefits for both first nations and non-first nations communities, not the least of which is a solid legal basis for future economic development. It also reflects the modern commitment to move forward in a spirit of partnership, respect and the co-operation for mutual benefit that characterized our original relationship. Two hundred and fifty years ago the royal proclamation laid out how the richness of this land would be fairly shared. Unfortunately, for many that vision has yet to be realized.
To put it simply, the process for settling first nations land claims is needlessly slow and burdensome for first nations seeking fair settlements to outstanding grievances. The comprehensive claims or modern treaties deal with the unfinished business of treaty making in Canada, where first nations rights have not been dealt with by historical treaties or other legal means. Bill C-62 deals with the ratification of such a modern treaty.
To date, the government has signed 24 comprehensive claims agreements with first nations in Canada, and two self-government agreements. Most of these agreements were signed under Liberal governments.
As of September 2012, there were still 93 active self-government and comprehensive land claim negotiation tables across the country. The frequent delays and increased costs associated with federal negotiators having to constantly return to Ottawa to revise unnecessarily narrow negotiating mandates is grinding the process to a standstill.
Federal negotiators simply do not have the sufficient flexibility and authority to engage in open, genuine and interest-based negotiations with first nations. This must change if we are to make significant further progress. On average, it takes 15 years to reach a final agreement. In September 2012, the government acknowledged its approach was not working by announcing a new “results-based approach” to self-government negotiations. However, the government has yet to publicly describe the details of this new approach.
There are grave concerns that the government is planning to use this new approach to simply withdraw from certain negotiations and pursue only those it believes will be settled in a manner agreeable to the government. In fact, the government seems now to be pursuing a take-it-or-leave-it approach with first nations, suggesting that if they are not willing to accept the government's final offer, they can pursue the matter through the courts.
This approach is fundamentally misguided and will not only be more expensive for the government in the long run, it will cost both first nations and the Canadian economy in terms of potential economic development and better paying jobs for first nations and non-first nations alike.
In terms of this agreement, although the Yale First Nation, and provincial and federal governments have been able to come together, there are still concerns that the narrow Department of Justice “strength of claim” analysis contributed to this final agreement failing to resolve disputed overlapping territory.
The Yale First Nation entered into tripartite negotiations with the federal and British Columbia governments for the settlement of their comprehensive land claim in 1994.
This modern treaty has been negotiated in good faith over almost 20 years through the B.C. treaty process and agreed to by the governments of Canada and British Columbia and the people of the Yale First Nation. The final agreement has already been ratified in March 2011, by members of the Yale First Nation with 68% support and in June 2011, by the British Columbia Legislative Assembly.
It deals with Yale First Nation's rights and responsibilities in areas such as governance, culture and heritage, natural resources, community infrastructure, financing and environmental protection. It will provide the Yale First Nation with full settlement of aboriginal rights and title and provides a modern framework for Canada, British Columbia and the Yale First Nation to move forward toward a more prosperous common future.
However, it is important to note that the Stó:lõ Nation and the Stó:lõ Tribal Council have expressed great concern with this agreement. They claim that the Yale treaty violates Stó:lõ rights and contend that they will no longer be able to engage in traditional practices that would require passage over Yale territory.
While this agreement fails to resolve all outstanding overlapping claims, we recognize that according to current practice this does not preclude ratifying the treaty. According to the Government of Canada comprehensive claims policy, “Ideally, competing Aboriginal claims over a territory should be resolved before reaching an AIP, but this is not a compulsory requirement”.
Although, according to section 2.4, the final agreement deals with aboriginal rights and title with respect to the Yale First Nation only, and does not affect the rights of other aboriginal peoples, it is regrettable that the parties were unable to resolve their differences before this final stage of the process.
Liberals hope that the Yale and Stó:lõ first nations will resolve any outstanding overlapping claims through ongoing good faith negotiations and can resolve their differences in the spirit of co-operation and respect. However, the issue of overlapping claims and current deficiencies in how we address those claims is a matter with far broader implications than this specific agreement.
We must develop a better process to facilitate first nations resolving disputes on overlapping claims as part of the treaty process. While we recognize that it is for first nations to resolve these issues, we must be ready and willing to provide assistance where warranted and requested.
In addition, the Liberal Party urges the government to respond to the requests of the British Columbia Treaty Commission as well as the recent recommendations of the Standing Senate Committee on Aboriginal Peoples to provide the Commission with any necessary resources that would enable it to help first nations resolve their overlapping claims disputes.
The Liberal Party believes that this is essential to the success of the treaty process in British Columbia.
Further, the failure of the government to develop a coherent approach to implementing treaties not only undermines new treaty negotiations but has led to great frustration from first nations under the 70 historical treaties.
Recently, National Chief Shawn Atleo reflected that frustration when he said:
Treaty regions have been signalling for far too long the need for high-level discussions on Treaty implementation. They want to see the establishment of a process for them to sit down with their Treaty partner, the Crown in right of Canada, to implement the Treaties according to their true spirit and intent, as the Indigenous Nations understand them.
The right to self-determination and self-government must mean something real and tangible for first nations across Canada.
As Bill C-62 meets the current rules, we will be supporting the bill, but we implore the government to get on with the letter as sent from the BC Treaty Commission, with its four recommendations, and to fix this problem.