Madam Speaker, I am pleased to address, on behalf of the Bloc Quebecois, the opposition motion.
I will read the motion, for the benefit of the members who are here. It goes as follows:
That the House urge the government to not enter into any binding trilateral aboriginal treaty or land claim agreements in B.C. in the last year of the current provincial government mandate in order to respect the views of British Columbians on this issue as expressed by both major provincial opposition parties.
My comments will be twofold. In the first part, I will discuss the constitutional validity of such a proposal, and in the second part, I will deal with the issue of aboriginal claims.
Does a government, democratically elected in Canada according to the laws of the land and in compliance with our constitutional principles, have the right to govern? In other words, does a government that is the government have the right to be a government?
The Reform Party's answer to that question is no. Indeed, it is asking this House to urge the Government of Canada to not enter into any agreements to which a provincial government, duly elected according to the Constitution, would be a party, because such an agreement would not reflect public opinion, as expressed by the two major provincial opposition parties. In other words, the Reform Party is asking the House to ascertain, before entering into an agreement with a Canadian province, whether public opinion, as expressed by the opposition, is favourable to the proposal.
Our friends from the Reform Party do not seem to understand the nature of our institutions. This motion is wrong in the sense that it is an attack against the legitimacy of our institutions. It provides that the House should ask the government to determine, through polls, through supposedly scientific studies, perhaps through open lines in B.C., or editorials from the Vancouver Sun , the opinion of British Columbians, before entering into an agreement supported by the legitimately elected government of that province.
I am not sure whether our Reform Party friends realize what they are asking from the House. People participating in a political meeting could say: "Since the B.C. government is in the last year of its mandate, it no longer has the democratic or political rightto -", and so on. As you know, it is easy to organize a partisan political meeting. It is easy to resort to inflated rhetoric and to exaggerate, so as to make an impact on public opinion.
The motion before us comes from an official party in the House of Commons. That party got 52 members elected in the last federal election and is now asking the House to pass such a resolution.
Let us change the wording a bit in order to examine the unbelievable nature of a resolution such as this. What, for example, would our reaction be if the motion were to read, selecting Quebec at random as an example: "That the House urge the government to not enter into agreement with the Government of Quebec on the sharing and devolution of manpower training until such time as the Government of Quebec has passed a motion in the National Assembly recognizing the landslide victory by the no side in the last referendum"? I think everyone here would say it was unbelievable.
To take another example, what would our reaction by if the motion were to read: "That the House urge the government to not enter into any agreement with the Government of Ontario as long as that government plans to cut back on welfare payments"? We would say it was impossible.
Yet here we have a government, the Parliament of Canada, being asked to pass judgment on the legitimacy of another duly elected government within a federation. The legitimacy of the B.C. government is just as important, just as valuable, just as constitutionally justified, as the legitimacy of the Government of Canada.
Just looking at the wording of the motion would be enough to make the Bloc oppose it.
But there are other grounds. Basically, this motion casts doubt on the entire issue, on the whole process for settling aboriginal land claims in Canada.
I have just listened to my Reform colleague's defence of the proposition. He touched on many topics. He spoke of territorial rights, of the fact that aboriginal people living on reserves pay no taxes. When it comes down to it, he has challenged the rights of these first inhabitants of Canada to demand any particular rights whatsoever to certain lands within Canada. He even referred to the B.C. Reform Party's program on aboriginal issues which proposes that it oppose inclusion of aboriginal self government in the province's legislation. Yet it has been in the Canadian Constitution since 1982. According to a Reform government out there, however, there must be no mention in any of the laws of B.C. of any entitlement whatsoever to aboriginal self government.
There was another resolution that I hesitate to mention here, because in many ways it challenges the position of minorities in Canada. According to the Reform Party's provincial platform, before aboriginal peoples obtain certain rights in Canada, they should first have the consent of the majority of the population.
It seems this party wants to propose that in British Columbia, minority rights shall be subject to the will of the majority. It is unthinkable, in a democratic country like Canada that recognizes the rights of specific populations subject to certain criteria, that these rights should be subject to injunctions or decisions by a majority of the population.
Basically, the Reform Party's proposal challenges the whole issue of aboriginal rights in Canada. That is its general purpose, but the Reform Party also challenges specific aspects. Somewhat
ironically, the Reform Party's comments were fuelled by several kinds of issues.
There is a reference to the Nass River agreement now being negotiated with the Nisga'a in British Columbia. In fact, the Reform Party would rather see the agreement dropped, because of issues like commercial fishing rights, for instance. There are groups who are making representations. However, I think we should keep a sense of proportion in all this.
Today in Canada we have a major problem concerning aboriginal land claims. It is a problem that must be dealt with as quickly as possible, in a way that is fair to all Canadians and respects the rights of all concerned. The issue should not be used as an excuse to postpone agreements that may be finalized very shortly.
I think they are playing with fire, because today in Canada, there is a polarization of positions on these issues. If we read editorials in Canada or Quebec and listen to open-line shows, we realize that non-aboriginal groups are critical. They think there is some exaggeration in the whole issue of aboriginal claims, and they are right, but as a result of this situation, prejudice is rife, which is not conducive to good relations between aboriginal peoples and the general public in Quebec and Canada.
Opinions are becoming polarized, often with somewhat bizarre results. As an example of what will happen if we do not deal with these issues fairly quickly, I was reading a speech made by the hon. member for Churchill yesterday at a sacred assembly held in Hull. Now we should realize the assembly is more or less religious in nature and often the language is very symbolic. Our colleague said in his opening speech that the Creator had put aboriginal peoples in this part of the world known as Canada.
I agree one can argue that aboriginal peoples have certain rights because they were here before we were, because they were the first occupants, but I think it is a bit much to say the Creator put the aboriginal peoples in Canada.
This was said in a particular context before an audience of important dignitaries.
The Prime Minister of Canada was present at this gathering. Ministers of the crown were also in attendance. There was little reaction. The context is, however, a particular one. If native peoples get the idea now that Canada was given to the aboriginal people, like in the Bible, things are going to get tougher.
So, I think, in order to avoid things getting out of hand-because I think it could happen, and I am sorry to have to say it, out of respect for my colleague for Churchill-native claims have to be settled as quickly as possible and, in British Columbia, where things are developing, matters must be resolved right away. Because, in British Columbia, things go back a long way.
Between the end of the 1880s and 1990, native claims were not considered valid. In 1990, the British Columbia government began to recognize native rights, but only then. I heard the Minister of Indian Affairs say earlier that the situation of native peoples in Quebec was terrible. He said that journalists and some people are making remarks about the referendum vote. People are saying it must be awful for the native population.
In 1985 or 1986, the National Assembly of Quebec recognized 11 native nations. One of these nations barely has 500 members, but it was recognized because it had rights. The people of Quebec did not vote on whether a nation of 150 people constituted a nation. There was no vote. The National Assembly looked at the cultures and the characteristics of all the nations and recognized them. That is what happened in Quebec.
There is the James Bay agreement, which was signed in 1974 or 1975, as the minister pointed out. It was the first major agreement between Canada and the native populations. It was concluded in Quebec, while, in British Columbia, it was not until 15 years later that the territorial rights of native peoples were recognized and the validity of their claims acknowledged.
I think Quebec can hold its head high. The Montagnais of Lac-Saint-Jean, the Montagnais on the north shore and the Mohawks have always been respected. The Attikameks and the Maliseet are few in number, but worthy of respect and have certain rights they are claiming. It happened in Quebec. We the people of Quebec were among the governments and peoples of Canada to recognize the First Nations. We know that there is a Quebec nation, a Quebec people. But Quebec also includes other peoples.
We recognized 11 other nations. We negotiated. Our National Assembly recognized them. Agreements were signed with some of these peoples. An agreement is being negotiated with the Montagnais of the North Shore and Lac-Saint-Jean. Things were done. No one in Quebec told the government that it should not sign.
No one in the 1970s tabled a motion here in the House of Commons urging the Government of Canada not to sign an agreement with Quebec because the Bourassa government, which signed this agreement, was in the last year of its mandate. It was the James Bay agreement; it was not about fishing rights on a river somewhere. The James Bay agreement covers a vast territory. The Cree hold property rights over some lands, surface rights over others, fishing and hunting rights over other parts of the territory.
We did not undermine these people's rights by signing treaties with them. We respected them. We told them: "You are a nation, you will have territorial rights, you will be given money for
development". It was not a bargaining session, as demonstrated by the fact that, in the last referendum, 95 per cent of these people-this figure is a little conservative; it is probably higher-voted no in the referendum. Ninety-five per cent is a lot of people.
What this means is that, on some parts of this reserve, not a single person voted yes. No one in Quebec questioned these results or these people's legitimacy. No one accused them of being ungrateful after we gave them territorial rights. That is not how we do things.
We did not give them rights. They already had rights, which we recognized and enshrined in legislation. This legislation, this treaty, this agreement was also ratified by the federal government, which also had fiduciary rights and was a party to the case.
I hope that the House will carefully examine the content of this motion. First, it should realize that the motion limits the rights of a democratically elected government in Canada. Second, the motion challenges the rights of people in Canada who belong to a nation different from the so-called Canadian nation and from what we call the Quebec nation.
I feel it is important to be aware of all this and of native people's right to demand some land claim agreements in Canada. We must hasten to correct some visible mistakes that are emerging so that we do not end up in situations that would adversely affect the future for the people of Quebec and Canada and for all the native peoples in Canada.