Debates of May 13th, 2015

Indian Affairs and Northern Development--Main Estimates, 2015-2016

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

Mr. Chair, I do not know.

[The Assistant Deputy Chair, Conservative, Bruce Stanton]

The member for Manicouagan has time for one more question.

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. Chair, does he think that number is sufficient and can he tell me at what capacity these shelters are operating?

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

Mr. Chair, They are operating at full capacity and are providing assistance to over 68% of people living on reserves across the country.

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Chair, I have some questions for the minister or the parliamentary secretary.

First, I would like to take a bit of time to speak about the action that our government is taking to assist aboriginal people in building strong foundations for economic development.

Our government's top priorities are jobs and economic growth for all Canadians. These priorities are crucial when it comes to achieving our goal of healthier, more prosperous aboriginal communities. We recognize that aboriginal people need access to a range of tools and supports to help build strong communities that reach their full potential.

To that end, our government is working to turn opportunities into realities, like economic growth and increased job creation. I would like to take this opportunity to tell members about some of the initiatives our government has undertaken to achieve this.

A great example of the concrete steps that we are taking to enable first nations to assume greater control over their day-to-day affairs and access economic development opportunities is the first nations land management regime. By joining the first nations land management regime, a first nations-led initiative, participating first nations can opt out of 32 land-related sections of the Indian Act and enact their own laws and codes related to the development, use and possession of reserve lands. Operating under their own land codes, FNLM first nations are able to operate at the speed of business and compete for opportunities on a level playing field with non-aboriginal organizations.

There has been significant progress made under the first nations land management regime over the past few years. I am very proud of what our government has accomplished on this front.

In short, we have collaborated with willing partners to create conditions for economic development on reserve. However, none of this would be possible without the buy-in from first nations and, fortunately, many first nations have shown great interest in opting into the first nations land management regime. This is why our government has invested in the first nations land management regime, so that more first nations can take advantage of these economic opportunities that it creates.

The economic action plan of 2013 invested $9 million over two years for the expansion of the first nations land management regime to provide additional first nations with the opportunity to manage the development, conservation, use and possession of reserve lands. This investment added 36 first nations to the regime, bringing the total number of first nations to 94 across the country that are taking advantage of this opportunity.

Building on this investment, economic action plan 2015 proposes to provide $30.3 million over five years, which is expected to lead an additional 25 first nations to joining the first nations land management regime. These measures would attract investment and create jobs. They would open a path to greater prosperity and create greater self-sufficiency for first nations communities.

Chief Robert Louie, chair of the First Nations Land Advisory Board, said:

Just recently, the international firm KPMG completed a study on the benefits of the Framework Agreement for all the participating First Nations. Investments on reserve now are estimated at $270 million and thousands of on-reserve jobs are being created for both members and non-members. Our First Nations are forging new partnerships with businesses, investors, bankers as well as with provincial and municipal governments...We are on the verge of a new era of prosperity for our communities—

While there are many first nations across the country that have achieved success under the first nations land management regime, I will briefly raise an example of one success story.

The Henvey Inlet First Nation, located about an hour south of Sudbury, Ontario, started operating under the regime in 2010. In 2014, the first nation signed an agreement with Pattern Energy Group LP to jointly develop, own and operate the 300-megawatt Henvey Inlet wind project, the largest first nations wind project in Canada. The project has a 20-year power purchase agreement with the Ontario government.

The project is expected to create local jobs and to provide a significant source of revenue for the first nation. This opportunity would likely not have been available to the Henvey Inlet First Nation without the first nations land management regime. Our Conservative government believes this regime is essential for first nations to reap the benefits of self-sustaining economic growth and prosperity.

Another important tool available to first nations to increase their access to capital and spur economic development is the First Nations Fiscal Management Act. This opt-in legislation enables first nations across Canada to strengthen their property tax systems and refine their financial management regimes. It provides them with additional revenue-raising tools, strong standards for accountability and access to capital markets available to other levels of government, such as municipalities.

The First Nations Fiscal Management Act has been very successful with strong and sustained demand for first nations to participate in that regime. To date, 158 first nations have chosen to participate in the regime, with 82 now collecting property tax, 52 having received financial performance certification and 44 accepted as borrowing members.

While the results are already impressive, there is still work to be done to improve the regime. Just last week, our government introduced amendments to the act in the budget implementation act of 2015. These proposed amendments would improve the act's overall efficiency, reduce needless red tape and help facilitate access to the regime so that more first nations can reap its benefits.

The strategic partnerships initiative is another program aimed at encouraging economic development on reserve. Launched in 2010, this initiative increases aboriginal participation in complex economic opportunities, particularly in the natural resource sectors. It encourages engagement between first nations, industry and all levels of government. It provides first nations with jobs and skills training to prepare them for the labour market. For example, our government invested $7.3 million through the strategic partnerships initiative to support aboriginal participation in the development of northern Quebec, particularly in major mining projects in the Labrador Trough.

We are committed to working with first nations and aboriginal communities, with provinces and territories, and with the private sector to realize the nearly limitless potential of first nations communities. We are committed to helping industry to find the skilled workers that it needs and to ensuring aboriginal people have access to the education and training that they need to fill those roles.

For example, since 2013, our government has helped to provide over 5,000 first nations youth on income assistance between the ages of 18 and 24 with personalized jobs and skills training so that they can enjoy the benefits of a good job. This is part of our government's focus on jobs, growth and prosperity, a focus that continues with economic action plan 2015.

Our new budget commits $249 million over five years to support aboriginal participation in the labour market. Of this amount, $215 million will go to the skills and partnership fund to work with our partners in business and government to provide skills development and training for aboriginal people.

Increasing aboriginal participation in the economy is the most effective way to improve the well-being and the quality of life of aboriginal peoples in Canada. As you have just heard, Mr. Chair, this government is finding innovative ways of doing just that.

If I could now just ask some questions of the parliamentary secretary, Mr. Chair.

First of all, our government takes tremendous pride in our economic record. We certainly understand that economic development is necessary in order to improve the quality of life of all Canadians. This is no different when it comes to Canada's aboriginal people. I think that we can all agree that the road to healthy, prosperous and self-sufficient first nations involves economic development.

With that being said, there are obviously some barriers to first nations economic development, many of which are actually enshrined in the Indian Act itself.

Could the parliamentary secretary describe what our government is doing to overcome these barriers and drive economic development on reserve?

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Chair, I would like to thank the chair of the aboriginal affairs committee. He has recently been appointed to that role and has certainly excelled at it. We are happy to have him as a member of the committee.

Certainly this government has implemented a number of programs that support aboriginal economic development. These programs will drive economic development on reserve by ensuring that first nations have the tools they need to take advantage of all the opportunities that Canada has to offer.

Economic action plan 2015 proposes to provide $30.3 million over five years for the expansion of the first nations land management regime to create more opportunities for economic development on reserve.

Our government will also be moving forward with amendments to the First Nations Fiscal Management Act. Under the act last year, 14 first nations participated in the $90-million inaugural bond, which allows them to have the same access to capital as most local governments in Canada.

This is something that we are studying at the aboriginal affairs committee. We have heard about the great success of the First Nations Land Management Act, something that at its inception was not thought perhaps was going to amount to much, but now first nations have seen the success of the nations under the FNLMA and they too want to join that and take control over those 34 sections of the Indian Act so that they have more control over their own lands.

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Chair, the Conservative government understands that when first nations and aboriginal communities work with provincial and territorial governments and with industry, our ability to improve the quality of Canada's aboriginal peoples increases greatly. By providing first nations with skills training they can become active members of our country's economy.

The strategic partnerships initiative, which was founded in 2010, is a program established by our government to promote economic development among Canada's first nations.

I wonder if the parliamentary secretary could describe how the strategic partnerships initiative is contributing to aboriginal participation in Canada's economy.

[Mark Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Chair, the strategic partnerships initiative makes investments to address key priorities, such as encouraging engagement between first nations, industry and the government, as well as providing jobs and skills training to prepare first nations for the labour market. The program is designed to increase aboriginal participation in complex economic opportunities, particularly in the natural resource sectors where projects are emerging at an unprecedented rate across the country. To date, the initiative has supported over 400 aboriginal communities and organizations.

With significant investments in major projects anticipated in the next 10 years, the strategic partnerships initiative will focus increasingly on supporting community economic readiness activities so that communities are better prepared to engage with partners and participate fully in these developments.

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Chair, many first nations have described the land management provisions in the Indian Act as a hurdle that prevents economic development. Our government strongly believes that first nations communities have a far greater ability to unlock the significant economic development potential of reserve lands when they are able to enact their own land management laws. This is why our government invested $30.3 million over five years in economic action plan 2015 to support the first nations land management regime.

Could the parliamentary secretary please describe how the First Nations Land Management Act has been a successful vehicle for economic development?

[Mark Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Chair, from various self-government to comprehensive land claims agreements, to the First Nations Land Management Act, our government has taken strides to provide first nations with greater autonomy.

This work has yielded great success through the first nations land management regime. Those first nations operating under the land management regime have reported an increase of 4,000 jobs as a result of new businesses created on reserve land, including tourism, entertainment, transportation, warehousing and commercial retail.

These opportunities are created because FNLMR gives first nations the ability to act at the speed of business and compete on an equal playing field with organizations off reserve. Economic action plan 2015 includes $30.3 million over five years to help support this initiative.

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Chair, obviously, our government strongly believes that aboriginal Canadians must have the same opportunities that all Canadians have: to find, keep and enjoy the benefits of a good job. Having first nations active in the economy leads to a healthier first nations community and to a stronger Canada.

I wonder if the parliamentary secretary could please inform this committee of the whole about our government's income assistance reform program and how it has been a successful vehicle for community economic development.

[Mark Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Chair, our economic action plan 2013 invested $241 million over four years in new funding to help first nations youth obtain personalized skills training and a job, because, unlike the opposition parties, our government knows that the greatest assistance we can provide as a government is access to the labour market and individualized training for first nations youth. We are going to continue to deliver on that.

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

Mr. Chair, I must admit that the minister must have one of the toughest jobs in cabinet. It is not because of the diversity of the issues that he needs to deal with but certainly because he has important constitutional responsibilities that he seems to be taking so lightly tonight.

My first question is very simple. Does he believe in nation to nation relationships with Métis, aboriginal peoples and Inuit in this country?

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

Absolutely, Mr. Chair.

It is the reason why we negotiate self-government agreements and comprehensive land claims agreements with first nations across Canada. We continue our dialogue with the Métis. On the Inuit front, we already have comprehensive land claims agreements and self-government agreements that have been entered into.

Under those conditions, yes, the relation is nation to nation.

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

Mr. Chair, I guess that is why he personally voted against my bill on the UN Declaration on the Rights of Indigenous Peoples, which would have enshrined the basic and fundamental rights of indigenous peoples into Canadian law.

Bolivia has done it. It has integrated the UN declaration into its constitution. Why can this country not do it, too?

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

Mr. Chair, it is because in 1982, Canada and all provinces amended the Constitution to entrench the fundamental aboriginal rights of aboriginal Canadians and treaty rights. Ours is one of the few countries in the world where those aboriginal rights and treaty rights are enshrined in the Constitution.

In addition, the Supreme Court of Canada has ruled on several occasions on the extent of those aboriginal and treaty rights in Canada. If we had followed the way of the hon. member, it would have been against the Constitution of Canada.

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

Mr. Chair, I would like to confirm to the minister, through you, that in the Haida Nation case, the Supreme Court said that on important matters, aboriginal peoples have to give their consent. That is what my bill was supposed to do.

Can the minister tell me which article refers to veto in the UN Declaration on the Rights of Indigenous Peoples?

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

Mr. Chair, we all know that the concern of Canada with this declaration is the free, prior and informed consent. Once, this government endorsed the declaration. It stated categorically and without nuance that, indeed, this would not affect Canadian law.

We see the UN declaration as an aspirational document. The rights of aboriginal peoples are protected in Canada, not only by section 35. They enjoy the same rights as all others through the Charter of Rights and Freedoms.

Moreover, when we amended the Canadian Human Rights Act so that it applied to all first nations in Canada, his party voted against it.

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

Mr. Chair, that is what the bill was supposed to do as well.

Does the minister believe that the rights of aboriginal peoples are incompatible with the rights of other Canadians, as he said in the House on March 13?

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

Mr. Chair, I never said that in the House. That is absolutely not true.

What I said was that aboriginal rights in Canada are guaranteed in section 35 of the Constitution, as well as in the Canadian Charter of Rights and Freedoms. I never said the opposite.

In fact, we prove every day that we fully respect aboriginal treaty rights with all of measures we have taken to improve these rights and ensure they are respected.

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

Mr. Chair, what a claim.

Does the minister believe that the Supreme Court of Canada erred in Tsilhqot'in when it ruled that aboriginal title holders have a constitutional right to decide whether or not to give consent?

Since he does not appear to have read the rulings, I will remind him that in Tsilhqot'in, the Supreme Court refers to the notion of consent in nine paragraphs and even refers to the notion of control over resources and lands in 11 paragraphs.

Did the Supreme Court err in this ruling?

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

Mr. Chair, the member should know that the Supreme Court of Canada does not err. It never makes mistakes. When the Supreme Court of Canada issues a ruling, that ruling becomes law. We fully comply with the rulings of the Supreme Court of Canada.

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

Mr. Chair, as the TRC is coming to a close, will the department allocate further funding to compensate other survivors, first nations, Métis and Inuit, who attended provincial or privately-run residential and day schools and sanatoriums?

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

Mr. Chair, the government's position is clear.

We will fully respect our obligations under the settlement agreement that was concluded among all parties.

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

Mr. Chair, will the department allocate further funding to compensate survivors of other social experiments, like the experimental Eskimos and the children of the Sixties Scoop, who have been fighting for recognition and compensation in the courts?