Mr. Speaker, people have asked about financial accountability. I would like to draw all members' attention to the fact that the final agreement and the related fiscal financing agreement specifically contain provisions to ensure that the Nisga'a government is accountable. The Nisga'a constitution builds in specific obligations on Nisga'a governments in terms of accountability to the citizens for funds received and expenditures made.
Under the fiscal financing agreement, the Nisga'a nation is required to prepare and provide audited accounts and financial statements to Canada and/or British Columbia. The financial statements must meet generally accepted accounting standards. These financial statements may be reviewed by the auditor general. The parties will establish a tripartite financing committee which will review the implementation of the fiscal financing arrangements. The approach taken in this agreement ensures first nations accountability for the funds they expend to both their members and to the governments from whom some of their funding is derived. Those are the facts.
I am very pleased to talk about the motion put forward by the member for Skeena. I am not surprised by this motion. The hon. member is simply sharing once again his party's well known and oft-stated position with respect to aboriginal people in Canada. The motion he puts forward shows a complete lack of understanding of the Nisga'a treaty and the fundamental principles behind it. Let us set the record straight.
With the ratification of the Nisga'a treaty, Canada will chart a course for a stronger and a more just society; a Canada where the Nisga'a people finally feel at home in their native land; a Canada where aboriginal and non-aboriginal Canadians work together for a brighter future for our whole country. This is the Canadian way: working together to resolve our differences peacefully. There are many merits to this treaty.
I think perhaps all of us need to remember the very exceptional people whose sheer determination ensures that we are talking about these issues today. For some 10,000 years the Nisga'a have lived in the Nass Valley in northwestern British Columbia, a land of snow capped mountains, glacier fed lakes, ancient forests and volcanic rocks. The Nisga'a call the Nass Valley the common bowl from which their people draw life.
The timeless relationship between the Nisga'a and their land was interrupted with the arrival of Captain George Vancouver in 1793. At the time the Nisga'a numbered roughly 30,000, a population made up of traders and entrepreneurs. Theirs was a sophisticated society. These prosperous people lived in two storey homes in established orderly communities. They governed themselves according to a strict code of conduct passed down through centuries.
Through the millennia the arrival of the Europeans put and end to that lifestyle. What the early settlers left behind instead was a legacy of paternalism, perhaps the legacy we see in the members opposite. Over the past 200 years the Nisga'a have seen their lands, the lands they once freely used, taken over for purposes that were not theirs. They were prevented from publicly practising their religious beliefs. Their children were sent to distant residential schools. They lost their language and their culture.
Yet even though their political, economic and social systems were suppressed, deeply affecting their dignity, the Nisga'a people never gave up their struggle to reclaim their rights and their lands. Generation after generation, Nisga'a leader after leader has soldiered on assuring the Nisga'a people that one day justice would be served. Finally we have put that system in order. We have put things right for the Nisga'a first nation.
With the ratification of this treaty, finally the Nisga'a will have stewardship over their resources and their affairs. They will have a right to self-government and a land base on which to exercise it. All Canadians understand the necessity and value of including self-government arrangements as part of treaties not only with the Nisga'a but with the many other first nations waiting for their opportunity.
That understanding of course begins with the recognition that the term inherent right is accurate. The constitution is the highest law of this land. It sets out what makes all of us Canadians, what makes us different from citizens of other parts of the world. Our constitution recognizes the multicultural heritage of Canadians and protects the cultural rights of our citizens. In particular, the constitution recognizes and protects the rights of aboriginal people in Canada based on their prior occupation of this land.
Aboriginal peoples lived on this continent long before explorers from other continents first came to North America. For thousands of years before this country was founded they enjoyed their own form of government. Today we are learning from them. We are bringing into our own society, into our own way of doing things, things that the aboriginal peoples taught us, a better way of dealing with justice issues, of dealing with children, of dealing with the environment. We can learn from these people.
Their special role in Canada is that government believes that aboriginal people have a right to govern themselves in a modern context. Unequivocally this treaty is clearly about rights, not race as some critics have contended.
The supreme court said in the 1973 Calder decision that aboriginal title existed as a legal right in Canada. That landmark decision led to the affirmation of aboriginal and treaty rights which are now enshrined under section 35 of the Constitution Act, 1982.
Our constitution and our courts affirm that aboriginal and treaty rights exist. They have made it clear that these rights have real meaning and must be upheld.
The courts have made it equally clear that these rights should be negotiated, not litigated. In one of its most recent rulings the Supreme Court of Canada confirmed that aboriginal title exists. It reinforced that we should negotiate settlements to achieve the purpose of section 35. As Chief Justice Lamer rightly noted “let us face it; we are all here to stay”.
Treaty making enables us to reconcile in the modern context the pre-existent rights of aboriginal people with the establishment of a crown sovereignty. It signals all our willingness as a society to resolve major historical and cultural differences through negotiation and compromise.
Treaty making is a process, as the hon. member for Western Arctic has said. It is a give and take process, the results of which are local solutions to local problems. It establishes a shared understanding of how aboriginal and non-aboriginal people can co-exist and realize our common goals.
It leads to a fair, affordable and honourable settlement that accommodates the interests of all parties, ensuring stability and promoting opportunity for all residents living on or near claimed lands. At the most fundamental level a treaty provides a bridge from which to build a new relationship between the first peoples and those of us who followed.
This has been a long time in coming. This relationship is built on trust, on recognition, on respect and on responsibility. It is a relationship that demonstrates the mutual benefits of sharing. The key components of the treaty demonstrate these clear benefits.
The Nisga'a treaty is the first of its kind in Canada. It covers a land claim and self-government in one single package. It establishes a full and final settlement of all outstanding Nisga'a claims. The treaty sets aside approximately 2,000 square kilometres of the Nass River Valley as Nisga'a land and establishes a Nisga'a central government with jurisdiction over matters that are internal and inherent to their culture. The Nisga'a will own the surface rights and the subsurface rights on Nisga'a land and have a share of the Nass River salmon stocks as well as Nass area wildlife harvests.
The treaty provides the Nisga'a with a financial transfer of $190 million payable over 15 years. These funds will stimulate the local economy and spur economic development. Jobs will be created. The Nisga'a will be able to strengthen their community infrastructure and services to the same standards as those enjoyed by the rest of Canadians. They will break the cycle of dependency created from 100 years of living under the Indian Act.
As the Nisga'a gain control over the management and development of their land's resources, they will develop self sustaining and self supporting communities. With a resource base on which to build their economy, these proud and remarkably resilient people will be able to break the cycle of dependency and escape from the trap of poverty that has so affected their dignity. The Nisga'a will once again know the satisfaction that comes with self-reliance, something all of us have had a chance to experience. They will once again be able to contribute fully to their communities and to our country.
Perhaps most profound, after decades of attempting to negotiate their way into Canada the Nisga'a will at last have the ability to participate equally in society, to speak their language, to teach their traditions, to govern themselves once again, and just like other Canadians to pursue their hopes and dreams.
Non-aboriginal British Columbians will also see meaningful benefits flow from this settlement. The negotiation of treaties will bring certainty to the Nass Valley. Treaties will clarify who can log, who can fish, who can mine and where. It certainly means business can invest in the region with confidence and unleash billions of dollars of untapped economic potential. It means both aboriginal and non-aboriginal people can pursue business opportunities unimpeded by disputes about rights to land and resources.
Both the Nisga'a and their neighbours will be direct beneficiaries of treaty settlement moneys. This infusion of new funds will provide a badly needed boost to the economies of the communities within and surrounding the Nisga'a.
For the first time in the province an aboriginal group has agreed to forgo the existing tax exemptions. The treaty will gradually phase out exemptions from sales and income taxes. After the transition period Nisga'a citizens will pay all the same taxes other Canadians pay.
Over time the Nisga'a nation will contribute a portion of the revenues it raises to offset transfers from other governments for programs and services. It is expected that the combined impact of taxes paid by Nisga'a citizens and revenues raised by Nisga'a government will represent one-quarter of the annual budget requirements of the Nisga'a nation just 15 years from now.
Non-aboriginal people can also rest assured that their rights and freedoms will also be respected and upheld. The treaty stipulates that the Criminal Code, the Canadian Charter of Rights and Freedoms, as well as other federal and provincial laws of general application, will continue to apply safeguarding the constitutional rights of all Canadians.
The treaty specifies that Nisga'a governments will take into account the rights and needs of all residents including other Canadians who reside on Nisga'a lands. Non-aboriginal people living there will be able to stand for election and vote for Nisga'a public institutions like education and health boards.
The Nisga'a treaty's significance extends well beyond British Columbia. It represents a small but important step along the path to a better Canada, a better Canada for the Nisga'a, a better Canada for aboriginal peoples and a better Canada for me and for all my constituents.
The ratification of the Nisga'a treaty will serve as a marker in our passage to the next millennium. It will act as a nexus, a bridge connecting our past with our present and our collective future. It will take care of unfinished business, establish a new relationship and create a continuum of hope and possibility for generations to come.
For all the right reasons we will finally do the right thing. Members of the House should never let a motion like this get in the way of that noble pursuit.
