Madam Speaker, I am pleased to rise in my place today to respond to the motion by the hon. member for Skeena. I will be sharing my time with the member for Wentworth—Burlington.
I am pleased because I can use this opportunity to correct misinformation put forward by the hon. member who clearly does not understand what the Nisga'a final agreement is about.
I want to take this opportunity to remind him of the reasons that Canada has signed this treaty with British Columbia and the Nisga'a people. With the ratification of the Nisga'a treaty, Canada will at last be able to turn the page on one of the less admirable chapters in our country's history. We will finally conclude the unfinished business of treaty making with the Nisga'a people, a process that has dragged on since the time of Queen Victoria.
I remind my hon. colleagues that treaties are not new to this country. In fact, this year marks the 100th anniversary of treaty 8. However, while treaties were negotiated with many other first nations, most of the aboriginal peoples of British Columbia did not sign treaties with the colonial governments. With the exception of treaty 8 which extends into northeastern B.C. and the 14 Douglas treaties on the southern tip of Vancouver Island, the majority of first nations in the province have never had their claims to their lands and resources addressed, nor have they abandoned their belief in their right to determine their own destiny.
From our earliest days as a nation, the Nisga'a people have fought valiantly to have those rights recognized and withheld. Six years after the province of British Columbia entered Confederation, the Nisga'a chiefs began their quest for a negotiated settlement of their land claim and sought a treaty that acknowledged the Nisga'a people's right to self-government.
From 1887 when they first went to Victoria demanding recognition of aboriginal title, to 1913 when the Nisga'a sent a petition to the Privy Council in London to resolve the land question, to 1973 when the Supreme Court of Canada recognized the prior existence of aboriginal rights to lands and resources, six generations of Nisga'a people have patiently waited for their claim to be addressed. As we stand at the threshold of a new millennium, we must ensure that the seventh generation not only sees the hopes and dreams of the elders fulfilled, we must be sure they reap the benefits of rights so long denied.
It is only fitting as Canada closes the books on the 20th century that we embark on a new relationship with the Nisga'a and indeed all aboriginal people. A relationship built on trust, mutual respect and reconciliation. A relationship that acknowledges the mistakes and makes amends for past wrongs. A relationship that recognizes that we will only move forward as a nation when we all move forward together. That ultimately is what the Nisga'a final agreement is all about. It is a crucial step on the path to a better future.
With the ratification of this agreement a new chapter will be written in Canada's history of which our children and our grandchildren can be proud. We will enter a new era of government to government relations that finally and forevermore uphold the rights of the Nisga'a people to govern their own affairs on their own lands.
I want to make it clear that we are talking about a government based on rights, not race as some might have us believe.
The landmark supreme court ruling of 1973, commonly referred to as the Calder case, determined that aboriginal title existed as a legal right. That historic legal decision led to the recognition and affirmation of treaty rights, both historical and contemporary, as well as aboriginal title under section 35 of the Constitution Act, 1982.
Treaty rights and aboriginal title are part of the highest law in the land. Those rights have been confirmed again and again by the courts.
The most recent ruling, the Delgamuukw case, reinforces the necessity of reconciling the relationship of aboriginal people through negotiated arrangements. Delgamuukw understood the doctrine of aboriginal rights stems from one simple fact: when Europeans arrived in North America, aboriginal people were already here living in communities on the land and participating in distinctive cultures as they have for centuries. The undeniable and irreversible reality is that aboriginal peoples' prior presence gives them status and rights as the original inhabitants of this country.
The government formally affirmed the inherent right of aboriginal peoples to self-government as an existing aboriginal right. The Nisga'a final agreement reflects the commitment to a new treaty relationship and the negotiation of a fair and lasting solution to the longstanding land claim of the Nisga'a people.
The key word here is fair. This negotiated agreement balances the interests of all parties and provides significant economic benefits to the Nisga'a and their neighbours. The final agreement identifies how federal, provincial and Nisga'a laws will coexist and complement each other. It establishes a blueprint for peaceful and respectful relations that will govern the lives of all people living within Nisga'a lands.
I can assure the House that more than ideals are at stake. The rights of all citizens living within Nisga'a lands will be protected and promoted. Everyone living there will continue to enjoy the same rights and freedoms under the Canadian Charter of Rights and Freedoms. Everyone will continue to be subject to the Criminal Code of Canada. Federal and provincial laws that are in force for all residents of British Columbia will also apply to every resident living in the settlement area. Surely no one could ask for an arrangement that is more fair and better balanced than that.
It is equally essential to understand that the Nisga'a treaty will be suitable for the Nisga'a nation people but not necessarily for any other first nation. This is a one of a kind treaty that reflects the unique needs and interests of the Nisga'a. It reconciles modern Canadian realities with the traditional aspirations of the Nisga'a people alone.
The Nisga'a final agreement, completed after years of negotiations and extensive consultations, sets out clearly for all to see the rights of the Nisga'a that are protected by section 35 of the Constitution Act, 1982. In addition to establishing a land based and financial settlement, it provides the Nisga'a self-government powers over matters integral to their culture, internal to their community and essential for the operation of their government. It sets out their powers to protect and promote the Nisga'a language and culture and to safeguard heritage sites. It enables them to provide schools, health care centres, roads, sewer systems and other infrastructure on a standard comparable to communities elsewhere in northwestern B.C.
The treaty will also contain provisions to regulate the Nisga'a fishery, manage wildlife allocation, forestry and environmental matters on Nisga'a land. The Nisga'a will use, develop and manage these lands and resources to create wealth, wealth that will stay in B.C. and be invested locally in goods and services.
The Nisga'a treaty will be the first modern day treaty in British Columbia. It is finally time to get on with the treaty business in that province. Treaties have been negotiated with first nations almost everywhere else in Canada from the time Europeans first began to settle the country. Treaties are part of our history, of how we became a country.
The days of discussion and negotiation are over. After more than a century of waiting for justice the time has come to honour the rights of the Nisga'a people. In doing so we will renew the federation based on the full inclusion of Nisga'a people. Therefore I urge the House to vote against the motion.
