Mr. Speaker, I will continue in the same vein as my last speech on Bill C-15, the Northwest Territories Devolution Act. Today I will talk about the capacity for alienation of the collective heritage in terms of aboriginal rights and the practical outcome of the ratification of modern treaties and agreements between the crown and the first nations. I spoke to this bill at second reading about three days ago, so it is still fresh in my mind.
Bill C-15 provides an opportunity to talk about a number of topics that are too often ignored or that remain obscure to the Canadian public. The prerogatives that are exercised in relation to traditional territories, as well as these matters and clarifications, will help elucidate why certain groups raise objections when the government decides to sit down with a band and sign an agreement or document that could potentially alienate or be detrimental to other communities.
The case we are talking about today has been challenged by other bands. The Canadian public has noticed a lack of homogeneity, and that is true. Dissent and overlapping claims can lead to opposition when an agreement is ratified with a group or a band. That is not limited to this situation with the Northwest Territories. We see it all across the country, which is why it is necessary to focus on this today, so that we can shed new light on the issue.
I want to point out that this particular piece of legislation was negotiated and there was consent. There are no doubts about this in the case of Bill C-15 and the associated agreement and regulations. A number of stakeholders in committee said as much and spoke about economic growth. We must always keep that in mind. Above all, we are talking about an economic agreement and initiative. There is no question that this was negotiated and there was consent. However, there are a number of other similar vagaries and problems that we can examine.
Our support at third reading also shows that we recognize that this economic initiative is based in negotiations. However, this leads me to the issue of overlapping claims and overriding prerogatives.
I often talk about a quasi-proprietary title. This points to the fact that first nations members—even though the title is often collective, it is in fact divisible—enjoy prerogatives in relation to given territories. In this case, we are talking about traditional territories, and the same is true for me and for the Innu and Naskapi communities of Manicouagan. Traditional territories come with prerogatives for first nations members.
When bands are called on to negotiate, there may be a sort of disavowal on the part of community members. It is always important to keep in mind that Indian bands are products of the Indian Act. In my informed view, that is why negotiations and agreements ratified by bands lose legitimacy to a certain extent when members do not fully participate.
It is also important to keep in mind that those titles and prerogatives are divisible even though they are collective. That is why this government should always both consult and seek approval. It must do more than just consult, because consultations are quite restrictive. So far, the Conservatives have demonstrated a rather limited view of consultation, which boils down to taking notes at the bottom of the page and covering up issues that have resurfaced, in order to move forward with their economic development agenda.
When there is consultation or, rather, when it is looking for approval, the government—or future governments, because I hope that this will be considered by whoever governs next—should first and foremost look for approval from the public, from first nations members as individuals, through a referendum or other democratic means. This would limit opposition and there would be more support from the public. It would be easier for the public and first nations members to support a given initiative, and it is clear that certain initiatives in 2014 do not have that support.
Opposition to economic initiatives, even joint ones, that have an effect on the prerogatives of third parties illustrates the need for the government to recognize the pre-eminence of the quasi-proprietary title that first nations members have to their respective traditional territories. I will also discuss the highly contentious and recurrent nature of the overlapping occupation of territories, and I will talk about the collective, but also divisible, nature of prerogatives that are exercised in relation to the territory.
In light of the prerogatives that are exercised in relation to territories—