Ethel Blondin-Andrew

[Tobacco, November 29th, 1999]

Mr. Speaker, I was proud to meet and speak with these young people over the weekend. They are most impressive with their knowledge regarding tobacco reduction in general, but specifically how to deal with commitment and dedication regarding the youth, their tobacco use and their desire to educate their peers on the harm of tobacco products.

The committee reported to me that they had established a mission statement and were in the process of producing four preliminary reports concerning high risk groups, communications strategies, cessation programs and reduction of youth access to tobacco products. I look forward to accepting their work in the near future.

This initiative promotes a youth to youth approach whereby the government interacts with young people and does not just tell them what it thinks.

[Youth Criminal Justice Act, November 18th, 1999]

Madam Speaker, as the Secretary of State for Children and Youth, I am very pleased to participate in the debate and to express my support for Bill C-3, the proposed youth criminal justice act.

This is very important legislation introduced by my colleague, the Minister of Justice. It is intended to replace the existing Young Offenders Act. Bill C-3 represents a fundamental rethinking and reform of the criminal justice system as it applies to young people.

For the first time there will be a clear statement of purpose and a set of principles in this legislation to guide the treatment of young offenders in all aspects of the criminal justice system. After extensive public consultation, the government has ensured that these principles and the act as a whole are consistent with the values of Canadians and with the best interests of young people. They will act as a clear guide to judges and police in dealing with young offenders. For example, the preamble reinforces values Canadians want to see in the youth justice system: accountability, respect, responsibility and fairness.

The proposed act clearly states that the protection of society is the primary objective of the youth justice system and that this goal is best achieved through prevention, meaningful consequences for youth crime and rehabilitation.

The proposed act contains a statement of principles that clearly provides that young people must be accountable for their actions and that consequences should reinforce respect for social values, encourage reparation to victims and the community and be responsive to the circumstances of individual offenders.

The government has carefully listened to the concerns of Canadians in all parts of the country about youth crime and how our justice system responds to it. We know that Canadians expect government to reinforce values of individual responsibility and accountability. We know that families and communities must be relied upon and supported in the raising of responsible healthy youth. We recognize that Canadians expect youth sanctions to be proportionate to the offence. At the same time sanctions must take account of age and other individual factors as well as the impact on victims and the need, the desirability for rehabilitation and reintegration of young offenders back into the community.

We must keep in mind as we debate this bill that young people are not the enemy. They are just as often victims of crime by youth and by adults. As every parent knows, raising healthy, happy, responsible children is a wonderful yet complex challenge. It requires care, sensitivity, common sense and a clear sense of values and priorities. Similarly the task of addressing the problem of youth crime requires a clear sense of purpose and values and the capacity to respond to the individual situations of each youth and his place in the community.

The criminal justice system must be able to respond to various contributing factors to youth crime. Simplistic lock them up and throw away the key responses are not effective. In fact they have been demonstrated to be more likely to contribute to repeat offenders than to reduce that problem.

I would know that. In the early nineties our territory in Western Arctic and the riding of Kenora—Rainy River of the Minister of Indian Affairs and Northern Development were deemed to be the two highest areas for recidivism, for repeaters of crimes.

The bill, while dealing firmly with violent youth crime, will just as importantly support the rehabilitation of youth in trouble with the law, the vast majority of whom are not involved in crimes of violence.

We really must examine the bill in the context of the reality of youth crime as it exists in Canada. I draw attention to the recent statistics demonstrating that youth crime overall has been in decline in Canada.

Between 1991 and 1997 the charge rate for young people saw a 23% decrease. It is a small number of youth, comparatively speaking, who are involved in serious or violent criminal acts. The majority of charges against youth are for non-violent property crimes. In 1997 for example, 82% of charges laid against youth were for non-violent crimes such as theft, drug possession and contempt of court orders.

I say this not to minimize the seriousness of these offences, but rather to point out that we know the majority of young people who come into conflict with the law do so temporarily. With the guidance of society they are redeemable. They are capable of changing their lives and becoming productive, responsible members of society.

We also know that 18% of charges laid in 1997 were for violent crimes, representing a 2% drop from the previous year. But we are not complacent about this encouraging statistic.

In the case of violent crimes, this bill will ensure accountability and appropriate penalties and treatment for young offenders. For example, the bill will create an intensive custody sentence for the most high risk youth who are repeat violent offenders or who have committed murder, attempted murder, manslaughter or aggravated sexual assault. These sentences are intended for those with serious psychological, mental or emotional illness or disturbances. The sentence would require a plan for intensive treatment and supervision of these youths and would require a court to make all decisions to release them under controlled reintegration programs. Federal funding will be made available to support the provinces in establishing and operating this new sentence.

Bill C-3 will permit victim impact statements to be introduced in youth court. It will extend the group of offenders who are presumed liable for receiving an adult sentence to include 14 and 15 year olds. It will also allow an adult sentence for any youth 14 years or older who is convicted of an offence punishable by more than two years in jail if the prosecution applies and the court finds it appropriate in the circumstances.

With respect to custodial and reintegration measures, the bill will generally require that youth be held separately from adults to reduce their exposure to adult criminals.

Bill C-3 would permit publication of the names of all youths who receive an adult sentence. In addition, the names of 14 to 17 year olds given a youth sentence for murder, attempted murder, manslaughter, aggravated assault, sexual assault or repeat violent offences may be published. Publication will be allowed if a youth is at large and is considered by a judge to be dangerous.

While the bill will deal firmly with crimes of youth violence, it will also ensure that the criminal justice system has the flexibility to deal with the many other cases involving non-violent offences. In these cases, alternatives to custody are often the best means of promoting rehabilitation and reintegration with the support and assistance of the family and community. We know that young offenders are much more likely than adult offenders to be rehabilitated and to become law-abiding citizens.

For the past five years there have been approximately 3,500 to 4,000 youth in custody on any given day. In 1997 only 25% of young offenders in Canada were dealt with through processes outside the formal justice system. By comparison, the rate was 53% in the United States, 57% in Great Britain and 61% in New Zealand. Our system has relied too heavily on custody as a response to the vast majority of non-violent youth offences and we have reaped the negative reward of repeat offenders.

I quote the 13th report of the Standing Committee on Justice and Legal Affairs entitled “Renewing Youth Justice”:

Of the young offenders convicted in youth court in Canada in 1993-94, 40% were repeat offenders and 25% were persistent offenders with three or more prior convictions. Moreover a significant proportion of adults serving sentences in provincial jails and federal penitentiaries “graduate” from the youth justice system. These data buttress the findings from empirical research, which have shown consistently that harsh penalties do not change the incidence of crime post-release.

[Nisga'A Final Agreement Act, October 26th, 1999]

Madam Speaker, the Nisga'a people have been afforded certain responsibilities and authorities. Otherwise, what would be the point? Why have an agreement if there will be no difference and it will be the status quo?

The federal and provincial taxation authorities are not affected by the Nisga'a authority and there are no other Nisga'a government taxation authorities in the final agreement. Even the municipalities and the school boards have the authority to levy taxes. Are we saying that we will diminish the document, the Nisga'a agreement, to that of a school board or a municipality? That is his opinion and one he is entitled to, but I, frankly, do not believe in that.

[Nisga'A Final Agreement Act, October 26th, 1999]

Madam Speaker, what I am not well-schooled in are the so-called principles and learnings of the Reform Party. I do not come from the school of Mel Smith who draws the template for all Reform's agenda on the aboriginal people. I am glad to say that I do not have that background and I never will.

I am happy to say there were numerous consultations. I am glad the government supports the Nisga'a agreement. If the member of parliament had some sense of reality, he would as well.

[Nisga'A Final Agreement Act, October 26th, 1999]

Madam Speaker, I do not believe that the agreement should be amended. The member opposite should get a life. We could nitpick about the agreement and various aspects of the agreement. He should read the list of facts and myths. A number of things have been alleged. Anyone can read it. It involves taxation as well.

I think the hon. member, quite honestly, is not as well intended as I would like him to be. If the hon. member took some time to spend with the Nisga'a people, they could put a very convincing case to him as they have to me as an aboriginal person.

Over the years I have learned from the Nisga'a people. Many people across the country have learned from the Nisga'a people, except for the member that represents them.

[Nisga'A Final Agreement Act, October 26th, 1999]

Madam Speaker, it is a great honour for me as member of parliament for Western Arctic to rise in the House to participate in the important debate on the proposed bill to ratify the Nisga'a final agreement.

We have before us for ratification an historic reconciliation between Canada and the Nisga'a people, a people whose culture, language, lands and way of life predate the creation of Canada itself. Indeed, the existence of the Nisga'a people and their rich cultures stretches back tens of thousands of years to the very beginning of human memory.

We must also acknowledge that since the first tentative intrusions by European colonists 150 years ago the Nisga'a have patiently asserted their right to have their collective existence recognized and respected. This agreement recognizes the modest yet fundamental rights necessary to secure their existence as a people: rights to land, self-government and an economic base.

Like so many other first nations, the Nisga'a have sought partnership and accommodation within the Canadian federation. It has been a long and often difficult road. The agreement symbolizes Canada's acceptance of the Nisga'a as an integral part of Canada and of the Nisga'a willingness to join Canada as partners.

For more than 100 years, the Nisga'a people have patiently and peacefully advocated their rights. While doing so, they have fought in wars on behalf of the country. They have waited for the right to vote. They have waited to have recognized their right to speak their own language and to freely practise their spiritual traditions. They have had to struggle for the right to control the education of their children. Finally, the moment has arrived for the Parliament of Canada to recognize, to accept and to welcome their existence as a people and partners in the federation by ratifying the agreement.

In other words, what the agreement represents is a recognition of the fundamental human right of the Nisga'a people to survive as a people and to continue to reflect their unique place in the human family. This is a right protected by international human rights instruments. As the nations of the world have collectively matured, we must now recognize that colonization is the fundamental violation of a people's right to exist. Today we understand that the collective rights to land and to self-government are an integral part of the right of first nations to express their collective identity and existence as a people within the constitutional framework of Canada.

These are rights that people around the world are entitled to. Each people has a right to a measure of self-government and a right to economic and social development.

In the struggle for recognition of the rights of aboriginal peoples, the Nisga'a have a unique and special place in the history of Canada. We all owe a debt of gratitude to the Nisga'a people for their courage, their persistence and their leadership in the struggle for aboriginal rights in the country. It is an important part of Canada's political development.

It is the Nisga'a people who approached the first colonial government in British Columbia in 1887 to seek recognition of their traditional land title and to suggest the negotiation of a treaty. It was the Nisga'a who petitioned the privy council in England in 1913 for a settlement of their basic rights. It was the Nisga'a who persevered through some shameful years in Canada's history when first nations were legally barred from even pursuing justice in the courts. It was the Nisga'a who seized the first opportunity to resume the quest for legal justice. When these discriminatory laws were finally repealed, it was the Nisga'a who devoted time, resources and their heart and soul to bring the Calder case finally to the Supreme Court of Canada in 1969.

I was a young girl when I was first struck by the power and the conviction of the Nisga'a people. It was a turning point in my mind that aboriginal people are not a powerless, homeless, lawless and without leadership people. I felt that power, in the words of Frank Calder, a great Nisga'a leader and great Canadian leader.

Because of the Nisga'a and the Calder case, the Canadian legal system finally recognized that the aboriginal people have aboriginal title, that is, traditional collective rights to land. It was in response to the Calder case that the federal government established a modern land claims policy to create a process to finally seek some accommodation with the first nations of this land.

There have been many successful agreements reached under federal land claims and self-government policy. This agreement addresses both issues in a fair and balanced way. Modern agreements such as this one allow first nations to participate meaningfully in the political, economic and social development of the country. These agreements allow first nations to live in Canada, not as a conquered peoples, but as true partners in Confederation.

It is finally the turn of the Nisga'a to benefit from these policies and to have recognized certain basic and fundamental rights.

I must also mention that the agreement achieves the very important objective of providing a clear and precise legal framework for the exercise of Nisga'a rights. It does so in a way that complements and respects federal and provincial jurisdiction, while allowing some space for local self-government by the Nisga'a people in matters that directly affect them. The lands of the Nisga'a will no longer be reserved under the Indian Act. The Nisga'a final agreement provides for fee simple ownership and integration of Nisga'a tenure into the provincial land registry system.

In the area of natural resources, the Nisga'a final agreement provides Nisga'a citizens with the right to harvest fish and other resources subject to conservation interests and legislation enacted to protect public health and safety.

The Nisga'a may make laws relating to environmental assessment and protection. Federal and provincial laws prevail to the extent of conflict. To avoid duplication, the agreement provides for the negotiation of a harmonization agreement. In the meantime, federal and provincial assessment processes will continue.

The Nisga'a government will have authority to make laws in areas affecting Nisga'a government, citizenship, language and culture. The Nisga'a government will be required to consult all residents within Nisga'a lands who are not Nisga'a citizens about the decisions that significantly or directly affect them.

As an example of what we have achieved, the agreement explicitly provides that it is a full and final settlement of Nisga'a aboriginal title and other rights protected under section 35 of the Constitution Act, 1982. What clearer demonstration of legal certainty and final settlement could one ask for?

As can be seen from these few examples, the Nisga'a final agreement provides a careful balancing of rights and powers. This has been achieved as a result of a thorough and detailed process of negotiation that began in 1976 when the federal government first accepted the Nisga'a claim for negotiation. Each and every aspect of the Nisga'a final agreement has been carefully considered and discussed by representatives of the Nisga'a, the province of British Columbia and the Government of Canada.

My colleagues, the former Minister of Indian Affairs and Northern Development and the current Minister of Indian Affairs and Northern Development, have each carefully considered the agreement and have recommended its ratification by parliament. As parliamentarians and as Canadians, we can all take pride in the agreement and support its ratification without hesitation.

The Nisga'a have placed their faith in the Government of Canada to respect the agreement and to open a new chapter of our history together. We must respond by ratifying the agreement and getting on with the business of faithfully implementing it in partnership with the Nisga'a people.

The agreement lays a pragmatic and solid foundation for the future. It contains the essential ingredients for a new relationship that the government committed itself to in “Gathering Strength”, our response to the report of the royal commission on aboriginal peoples.

The Nisga'a final agreement is the latest in a series of important settlements with first nations across the country.

While the situation of each first nation is unique, each successful agreement such as this one encourages first nations and governments all across the country to talk to and accommodate each other as we build the country together.

I urge all parliamentarians to support the ratification of the Nisga'a final agreement, to recognize the strength in diversity and to welcome the collective existence of the Nisga'a people within Canada. I extend my congratulations to the Nisga'a people and my best wishes for the future.

[Youth Employment, October 20th, 1999]

Mr. Speaker, I thank the hon. member for his work on this issue.

The employment prospects for Canada's youth look very good. In 1998 we had the highest record increase for youth employment with 2.1 million working. In 1999 it increased again by 173,000 young people with new jobs. Since 1997, 14,000, 74,000 and 171,000 have been employed.

Over 85% of Youth Service Canada and 88% of youth entrepreneurship participants are either employed, self-employed or have returned to school six to twelve months after completing their projects. That is positive.

[Special Debate, October 13th, 1999]

Mr. Speaker, my hon. colleague knows that this is important to the minister. I also know that the minister has a great deal of respect for members of the House and would want to be here to respond to their questions as he did today in question period. He would want to be here to respond to those members who represent the people in the area, and he has been dealing with those people continuously. That is not an issue. The minister has demonstrated quite clearly that he is capable, committed and has the confidence to do the job.

[Special Debate, October 13th, 1999]

Mr. Speaker, I would never consider contradicting the minister. The minister indicated that conservation is important, and it is an important issue, not just for the fisheries but for every resource. That is an important issue and it is a general statement.

What I did say was that the number of lobster traps used in District 23, Burnt Church, on Miramichi Bay by aboriginal lobster fishers adds up to less than 1% of the number used by the commercial fishery.

We can assume whatever we want, but what I went on to say was that there are other considerations besides conservation. Conservation is always important when we are dealing with a resource, but there is also economic preservation. That was the point I was making.

[Special Debate, October 13th, 1999]

Mr. Speaker, I think the issue on proroguing the House is a red herring. It is irrelevant to the very important issue at hand. We had a lot of things to consider. There were a number of requirements that had to be met. We were preparing for a throne speech and the installation of a new governor general. Those are not excuses; those are reasons. However, that does not take away from the importance of what was occurring, which was demonstrated in the action that the minister took.