Mr. Speaker, let me start by saying that I am very pleased with the level of discussion in the House and certainly with the tremendous support the agreement is receiving.
Let me also congratulate Chief Robert Louie and the councillors for their hard work. I know this must be a fairly emotional moment for them and for the people they represent.
Bill C-11 is an act to give effect to the Westbank First Nation self-government agreement. The agreement at the heart of the bill is the first of its kind and sets a valuable precedent for future relationships between Canada and the aboriginal people.
The agreement focuses on self-government. It is not a treaty or a land claim settlement. Pursuant to this agreement, Westbank First Nation will exercise a specific set of legislative powers and assume new responsibilities, putting the Westbank First Nation firmly in control of its economy, culture and community.
I believe that Bill C-11 represents an important step in the history of relationships between the Westbank First Nation and Canada. To appreciate the significance of the bill, one first needs to understand a bit of Westbank history.
Long before Canada became a country, several communities of the Interior Salish people, known as the Okanagan, lived on a large tract of land in south-central British Columbia and northern Washington. When white settlers began to farm in the region in the 1800s, they lived peacefully alongside the local aboriginal population. The Government of Canada established reserves in the region in the early 1900s.
Westbank First Nation, across the lake from Kelowna, split from the Okanagan band, an amalgamation of several tribes, in 1963. Westbank leaders felt they could better meet the particular aspirations of their community by working independently.
Since then, the city of Kelowna has grown and prospered, presenting several economic opportunities to Westbank. The first nation's ability to capitalize on these opportunities is limited, however, by the Indian Act, which requires the band to secure permission from the federal government before it negotiates leases or other agreements. The Indian Act limits not only the power but also the accountability of Westbank's band council. In essence, councillors cannot be held legally liable for their actions.
This combination of weak local government, resulting from deficiencies in the Indian Act, and growing prosperity led to a series of scandals and troubles in the 1980s. Charges of conflict of interest were levelled at some councillors and a climate of mistrust hampered Westbank's ability to grow.
These problems prompted the Government of Canada to order a formal investigation in 1986. This resulted in the Hall commission, which found that the problems of Westbank arose because the governance of the Westbank Indian band had been that of “a government of men and not a government of laws”.
In seeking to resolve the problems and to establish a government of laws, the commission made recommendations for change and ultimately recommended the pursuit of self-government legislation for Westbank. The Westbank First Nation self-government agreement reflects most of the recommendations of the Hall commission, including the requirement to establish a constitution providing for democratic and legitimate elections of government, internal financial management and accountability to members, and conflict of interest rules.
Since then, the people of Westbank have worked hard to realize their aspirations. Formal negotiations between Westbank and the Government of Canada began in 1990 and proceeded throughout the tenure of successive band councils.
While this process continued, Westbank moved to improve the local economy and enhance social services. To foster economic development, the band started two businesses, WFN Development Corporation and Nu-Arc Construction. Under government supervision, the first nation has also become a busy landlord, leasing lands to hundreds of businesses and homeowners. In the 1990s, the band began to collect property taxes in accordance with the Indian Act.
Westbank's growing prosperity has benefited all members of the first nation. The first nation owns and operates its own school and community centre, a provincially licensed day care and early education centre, and an intermediate care facility for the elderly. Westbank also maintains several recreational facilities, including beaches, campgrounds and baseball diamonds.
Westbank has successfully negotiated several agreements with the private and public sectors. Sewer services are provided through a partnership with regional government. The Bank of Montreal collaborates on a loan program for homeowners.
The first nation's approach to self-government followed the same cooperative approach. Westbank leaders worked long and hard with members to develop a community constitution, with non-members to address the creation of an input mechanism, and with neighbouring communities to achieve strong and collaborative partnerships.
Memoranda of political relationship were signed with both the Regional District of Central Okanagan and with the City of Kelowna. Westbank, along with the federal government, also consulted with the Union of British Columbia Municipalities, labour groups and homeowners' associations.
During the past few years, more than 400 information and consultation sessions were held to communicate details of the self-government agreement and what it means for the first nation, for the Okanagan Nation Alliance, to which Westbank belongs, and for non-member residents and neighbouring communities. People were encouraged to ask questions and suggest ideas. These consultations inspired a number of improvements to the proposed agreement, such as the strengthening of the provisions regarding non-member residents.
The agreement was ratified by Westbank First Nation in May 2003 by a double majority. This is a higher threshold than the members of the House of Commons must meet at the ballot box. A majority of Westbank First Nation voters also approved a constitution for Westbank that sets out electoral procedures and governance structures.
The agreement between Canada and the Westbank First Nation is now in our hands. I believe we must ratify the legislation because it gives the people of Westbank access to modern, effective government.
Together, Bill C-11 and the agreement represent a vast improvement over the Indian Act and will strengthen democracy in the community. Councillors in the first nation's government will be subject to much more stringent accountability requirements, established in Westbank's constitution. Under Westbank's new constitution, voters can recall elected officials and councillors who spend money without authorization can be held personally liable.
In addition, Westbank's government will no longer be exempt from civil action, as it was under the Indian Act. Under the provisions of Bill C-11, Westbank's government becomes a legal entity that can sue and be sued. Other improvements include strict accounting and financial management practices. Westbank's books will be open to public scrutiny.
For the first time, people residing on Westbank lands who are not band members, approximately 8,000 in all, will have a formal statutory mechanism to influence decisions made by the first nation government. The agreement calls for the establishment of an input mechanism for non-members to safeguard their interests. The agreement requires that the first Westbank law following the effective date of the agreement establish this input mechanism.
The agreement also provides a number of other protections, both for members and for non-members. Westbank First Nation's government and its institutions are bound by the Canadian Charter of Rights and Freedoms. Further, any decisions or laws of the Westbank First Nation may be challenged in the Province of British Columbia's courts.
The net result of all these provisions will be greater public trust in government and a clearer decision making and dispute resolution process. This will help to attract additional investment in band projects, leading to more opportunities for Westbank.
In short, by putting the first nation firmly in control of its destiny, Bill C-11 will enable Westbank leaders to realize the band's goals of self-sufficiency and transparency. In the words of Chief Robert Louie:
Self-government is about the future; it is about... creating a stable community where hard work and initiative are rewarded. The objective is to create a safe and vibrant community with a clear [idea] of who we are and where we are going.
The legislation before us today carries the principled and worthy aspirations of a people. I urge my hon. colleagues to lend their support to Bill C-11. I think this is a realization of a long term project that is going to benefit not just the Westbank First Nation but all Canadians.