Brian Jean

[Aboriginal Affairs, February 23rd, 2007]

Mr. Speaker, I can assure the member that after 13 years and decades of neglect by the previous Liberal government, the government has actually taken an initiative.

That is why last year, in budget 2006, we allocated $3.7 billion for funding for aboriginal communities, $300 million for northern housing, $300 million for off reserve housing, and $65 million for the aboriginal youth suicide prevention strategy. It goes on and on.

The government takes action where it is necessary after 13 years and longer of neglect.

[February 19th, 2007]

Mr. Speaker, I thank the member for his interest and his research. I would suggest that instead of holding it close to his chest, as so many other members from other parties in the House do, he should provide that information to me. I would be more than happy to look at it, review it and provide it to the minister if it be appropriate. We are a government that is listening to stakeholders and listening to all parties because that is what Canadians want us to do, to work together. I would suggest that the member and all members do that.

I just hope it is not similar to the situation with respect to Bill C-6 which is in the transport committee, and Bill C-11. Bill C-11 was on the projected order for today but I understand the NDP put forward some speakers to try to hold up legislation again. I am hoping that we can count on the member to provide us with the cooperation that is necessary to move legislation through the House and to move in a way that acts in the best interest of Canadians.

I assure the member that is what this government will do. We will act in the best interest of Canadians overall, but we have a balance to strike and we will strike that balance for the Canadian public.

[February 19th, 2007]

Mr. Speaker, I can assure the member that we will do what is in the best interest of Canadians and Canadian taxpayers, as well as residents in the Windsor area.

The gateway is essential to Canada, and we know that it is very important. As the member mentioned, it is the busiest border crossing. It is absolutely essential to not only our trade but to our continued economic success and security.

The government is working right now with bilateral and binational partners, such as the United States federal government, the state of Michigan and the province of Ontario where it is situated, to develop a solution that ensures sufficient capacity across the Detroit River to facilitate cross-border trade and traffic, and in fact to enhance it.

As part of this work, we are conducting a comprehensive and harmonized environmental assessment, and I am sure the member would encourage that environmental assessment, to identify the locations of the bridge crossing, the inspection plazas and the access roads.

As well, we are also assessing possible models for delivery of the new crossing because we want to do what is in the best interest of Canadian taxpayers, who are ultimately our boss. Private sector participation, such as the public-private partnership, is one of the models that is being considered.

In November the Minister of Transport, Infrastructure and Communities stated at the public-private partnership conference in Toronto that the government was exploring the opportunities for using a private-public partnership for financing, building, operating and maintaining the new crossing between Windsor and Detroit. This is just one of several options, and I want to be clear with the member. We on this side of the House act in the best interest of Canadian taxpayers. No decision has been made as of it. This can deliver new infrastructure more efficiently and more expeditiously.

Although the government can borrow at a lower rate than the private sector, which is one of the considerations the member has brought forward, financing is only one of the many possible considerations that we have to look at before making this decision.

The cost of private sector borrowing would be offset by the risk that the private sector would take and by increased innovation and efficiency. I suggest the member would have to agree with what the private sector can bring to occasional projects from time to time.

We still have appropriate and effective public oversight by the federal government. More specific, Bill C-3, which was one of the initial pieces of legislation the Conservative government put forward, received royal asset on February 1. No matter what model the government picks, it will be the model for governance over our international bridges and tunnels for the best interest of Canadians. The Conservative government will also ensure that the operator puts in place mechanisms to address community concerns.

Let me assure members that the government is absolutely committed to selecting the delivery option that provides the greatest value for taxpayers while maintaining appropriate public oversight of the new crossing. It is quite frankly a balance for the best interest of Canadians.

The government will continue to work with the binational partnership, all of our partners and listen to stakeholders to explore models for delivering the new crossing that is in the best interest of Canadians. If such a model cannot meet the objectives of the Government of Canada or its United States partner, alternative delivery mechanisms will be pursued.

The Windsor-Detroit gateway is a matter of national priority and the government remains committed to ensuring that a new crossing will be in place by 2013, but we will do so in the best interest of Canadian taxpayers, the residents and all stakeholders.

[The Environment, February 16th, 2007]

Mr. Speaker, that is right. Real results on the environment and for the health of Canadians are this government's priority, with $10 million to cut urban passenger transportation emissions announced this week, $36 million to encourage consumers to buy fuel efficient vehicles, and $61 million to reduce emissions from freight transportation.

We are getting real results. The Bloc can never get results. The Liberals did not deliver results. As for the results from the NDP, we just do not want them.

We want real results for Canadians' health and environment and we are going to get them.

[Transportation, February 15th, 2007]

Mr. Speaker, we are protecting Canadians and we have taken action on that.

The member knows full well that the release of the report is not up to the government. This government obeys the law. Unlike the previous Liberal government, where corruption and scandal took place, this government obeys the law and takes action for Canadians in the best interests of Canadians.

[Transportation, February 15th, 2007]

Mr. Speaker, I can assure the member that, like the Liberals opposite when they were in government, they are a year behind.

The minister actually issued a directive on July 24, 2006 for CN to submit an action plan. The action plan has been submitted and CN accidents are down by 25% over the year before.

The government has taken action where the Liberal government failed and the NDP never could.

[Indian Act, February 13th, 2007]

Mr. Speaker, I appreciate the opportunity to speak to Bill C-289.

I will begin by giving some of my background. For 11 years I litigated in northern Alberta on issues like this, issues dealing with constitutional rights, charter rights and aboriginal rights under the Constitution. I even have family in aboriginal communities spread out across northern Alberta.

I am disturbed about the issue that brings this forward and I have been for some 15 years. I think it is a travesty of justice that there is a gap in the legislation that has not been filled. However, I intend to vote against Bill C-289 for two important reasons.

The first is that it proposes a solution to the issue of on reserve matrimonial real property that is just simply too simplistic.

I have a community in my riding called Janvier. It is an Indian hamlet that is some 30 or 40 kilometres from the Saskatchewan border. On the other side of the border in Saskatchewan, I have a community, which is not in my constituency, called La Loche. Those two communities are connected by culture and by family. However, because there is a border separating the two, they would be under different laws. I do not think that is appropriate in these circumstances.

More important, a collaborative consultation process is currently underway so that the gap in legislation will soon be filled. The government is taking steps to ensure that happens. I believe that will be a superior alternative to this particular motion and, as a result, I must encourage all my colleagues in the House to oppose Bill C-289 for now.

Despite the noble goal at the heart of the proposed legislation, the intention of the legislation is great but the final outcome may not be, and, as a result, I think it is important to consult with the aboriginal communities that it will touch the most.

I respect the mover as well, the member for Portage—Lisgar. He is wise. I have watched him for many years debate in the House. He is very hard-working and I do admire him.

However, as some of my colleagues have explained, on reserve matrimonial real property rights exist in a legal vacuum. This legal loophole in Canada's body of legislation has caused many people to fall victim to abuse, especially, in my opinion, women and children, including homelessness and poverty. I have seen this firsthand, as approximately 20% of my riding is of aboriginal heritage.

The previous debate on the bill made it clear that every member of the House joins me in wishing for an effective and speedy resolution to the issue. Despite this desire, we must not accept this overly simplistic approach that is provided by the bill. We must have a solution that we can all live with, a long term solution, one that solves the problem and reflects the input of those affected, the first nation women and the communities. They must be consulted.

Bill C-289 is not that solution in my opinion. In fact, two aboriginal organizations, the Assembly of First Nations and the Native Women's Association of Canada, have raised concerns with the bill, as many of my colleagues have.

Additionally, when this option was presented to first nations in recent consultations, it was largely rejected as most groups felt that existing provincial laws were inadequate to address their needs, I would suggest in the realm of culture and family connections.

There is no question that the application of provincial law on reserves also requires consultations with the province. I would suggest that needs to be done as well. The provinces, after all, would find themselves responsible for the provision of legal services to residents of first nation communities under provincial law and under programs such as legal aid in Alberta.

The reality is that without the support of key stakeholders, such as aboriginal groups and the provinces, Bill C-289 is not the solution we seek, nor the solution that aboriginal communities and first nation people deserve. With respect, I believe it would simply not work adequately.

Thankfully, the Conservative government has taken action and has nearly completed a consultation process to develop a shared solution to this problem. We want to produce a broad consensus on an effective legislative remedy, not a one-off, but one that works in the long term.

To lead this process, we are fortunate to have a very talented individual, Wendy Grant John, as ministerial representative. Ms. John is a former chief, a successful entrepreneur and a very skilled negotiator. She has agreed to work with all parties to seek a long term consensus on real property. If a consensus cannot be reached, Ms. John will recommend an appropriate course of action.

At the heart of this process has been a series of consultations, which I believe are important and, in most aboriginal negotiations, are mandated by the Supreme Court of Canada. This has been led by aboriginal groups and by Indian and Northern Affairs Canada. While these consultations took several forms, such as in camera sessions, public meetings and written submissions, they have all been guided by the same consultation paper.

The paper was carefully designed to foster focused debate. It outlines three broad legislative options.

Option one would seek the incorporation of provincial and territorial matrimonial real property laws on reserve.

The second option would seek the incorporation of provincial and territorial matrimonial real property laws, combined with a legislative mechanism granting authority to first nations to exercise jurisdiction over matrimonial real property.

The third option would be to involve substantive federal matrimonial real property law combined with the legislative mechanism granting authority to first nations to exercise jurisdiction over matrimonial real property.

All of those options would involve consultation and would involve the consultation process dealing with the culture and values that the aboriginal people have.

This consultation paper also describes the mechanism that a handful of first nations have used to codify on reserve matrimonial property rights. In the 1990s, for example, a group of 14 first nations successfully lobbied the Government of Canada to acquire greater land management powers. Even the election acts of most aboriginals are cultural election acts based on the culture and the practice of the reserve.

The result for this 14 first nations lobbying effort was the First Nations Land Management Act. It was successful. This legislation enables first nations to develop, ratify and enforce land codes, management regimes and regulations governing on reserve and matrimonial real property rights.

Although communities continued to pursue this option, at the present rate it would simply take too long and it would not address this important issue that needs to be dealt with. The time has come to close the legislative gap and, I would suggest, all parties in this House and all members agree with that.

For the benefit of certain first nations' matrimonial rights, it is important to close this gap and to get this solved. To create this type of solution absolutely requires consultation, actively engaging the key stakeholders, the provinces and all aboriginal groups, which is precisely why this government supports this consultative process.

The Assembly of First Nations and the Native Women's Association of Canada have respectively conducted independent regional dialogue sessions and consultations across the country. Officials with Indian and Northern Affairs Canada have held and continue to hold discussions with the provinces and other stakeholders because the best way to get good legislation is by consulting the grassroots. They have also provided funding to other national and regional groups to hold consultations of their own and ensure that all parties are consulted appropriately.

Now that consultations are complete, the final consensus-building phase has begun. The purpose of this phase will be to build consensus on a solution that takes into consideration what Indian and Northern Affairs Canada, the Assembly of First Nations and the Native Women's Association of Canada have heard through their consultations and dialogue sessions.

The task of fashioning a consensus-based solution to on reserve matrimonial property will be both delicate and demanding. The issues will be sensitive and they will demand a profound familiarity, not only with the issues and the culture but also with the viewpoints of all stakeholders.

The legislation before us today calls for unilateral action. It completely ignores many of the concerns already identified by stakeholders.

We must help first nation women and children, and even men, who, without matrimonial property laws, are sometimes left to the whim of chiefs and council members or band members, but we must do it right the first time. We will not have a second chance and this demands our best attention.

[Criminal Code, February 6th, 2007]

Mr. Speaker, I want to compliment this member in particular for supporting one more piece of legislation that this government has put forward in less than year. If he is here today supporting this bill not because it is great legislation, which it is, why in the 13 years prior to this did the member and his party do nothing as far as tough on crime legislation goes? In fact, in very short order, we have taken the initiative to do that, to protect Canadians.

Of course in northern Alberta I was involved in any many trials of impaired operation, and I always found in regard to evidence to the contrary, evidence which a particular clause in the bill will in fact rule out in some semblance, that it was shameful, quite frankly, because often people who could afford good lawyers and could afford to go to court and provide evidence to the contrary had a different form of justice than the people who could not. I am hoping that the agenda of the justice committee, which the member sits on with members of the government, will work toward more equalization in the law so that the law and justice are available to all.

I am wondering in particular, though, whether the member has thoughts on how the crown prosecutors across Canada feel about this piece of legislation. How does he feel about the training that RCMP officers are going to need in order to combat and deal with drug offences? Of course, as he is fully aware, it currently is the law that drug impaired driving is not allowed, just as drunk driving is not. It is on the basis of subjective evidence and this bill deals with that in some form.

I am wondering if the member could comment on that as well as the issue of deterrence. Many clients in my office have had 6, 8 or even 10 prior offences on impaired operation, which 20 or 30 years ago of course was not taken as seriously as it is today, not nearly as seriously as this government does.

I am wondering if the member could comment on those two things as well as the positive steps that we are taking to make sure that we, as a Conservative government, deter people from drinking and driving all over Canada, because of course it affects hundreds of thousands of people per year.

[Climate Change Accountability Act, February 5th, 2007]

Mr. Speaker, as you mentioned previously, I only have about a minute. I had prepared a big long speech with all sorts of information, but I will just make a very quick intervention.

First, I question the sincerity of the NDP to put forward this particular private member's bill. We have a legislative committee Bill C-30, the clean air act, proposed by this government to clean up greenhouse gases and to clean up the air we breathe.

I say to the NDP and all members of this House, let us work together, put politics aside for a change, put partisanship aside and let us work for the environment for the best interest of Canadians.

Bill C-30 will reduce greenhouse gas emissions and will make our air cleaner to breathe for all Canadians for future generations. I would encourage members to do that.

I would also encourage everybody listening and watching today, all Canadians, to not believe what I, or the NDP, or the Liberals, or the Bloc are saying. I ask them to look for themselves on websites, ask their members of Parliament to provide information so they can educate themselves on the great initiative that this government, the minister and the Prime Minister are doing.

We are a government of action. We are going to get results for Canadians if we can put aside partisan politics and work together for the best interest of Canadians. Bill C-30 is a great bill. It is a great initiative. I say put aside Bill C-377, put aside the other motions put forward by the other parties, and let us work together collaboratively for the best interest of Canadians today and the best interest of future generations. We can get the job done. This government will get the job done.

[Transportation between the Island of Newfoundland and Mainland Canada, February 1st, 2007]

Mr. Speaker, it gives me a good opportunity to make sure that all Canadians know that the Prime Minister and this government will support this cost shared agreement.

It should also be noted that to ensure accountability to all Canadians, this funding is contingent upon a detailed business case. As always, the government moves toward items on the basis of transparency and accountability to Canadian taxpayers.

The province is also constructing a 250 kilometre route from Happy Valley easterly to Cartwright Junction. The project is half completed and scheduled to be finished in the fall of 2009. Completion of this route will mean that the Trans-Labrador Highway will no longer end at Happy Valley and will connect to Newfoundland via the ferry at the Strait of Bell Isle.

The issue of the establishment of a fixed link between the island of Newfoundland and the mainland of Canada has also been raised and has been studied. The Newfoundland and Labrador fixed link refers to various proposals for constructing either a bridge, a tunnel or a causeway across the Strait of Belle Isle, connecting Labrador's mainland with the island of Newfoundland, a very important issue to the people of Canada.

A pre-feasibility study looked at these three concepts. Road and rail modes for transport of vehicles through a tunnel were also assessed. It concluded that one of the tunnel options, a bored tunnel under Belle Isle at its narrowest point, is the most technically and economically attractive alternative.

The province has stated publicly that, in its opinion, the fixed link is a long term proposition and a national project that will need a significant infusion of financing from the federal government. It has also been mentioned that it is not a priority for the provincial government. As the member for St. John's East has mentioned, it is a long term solution that must be kept in consideration and seriously looked at in the future.

While it is not a viable option in the short term to improve transportation to the mainland, we can examine if there is a scope for additional work on the Trans-Canada Highway that would improve connections with the province's airport and ferry terminals, as has also been mentioned by the member.

Turning now to Marine Atlantic Incorporated, Canada's new government is committed to stabilizing Marine Atlantic and ensuring that the important services that it provides remains safe, efficient and affordable for Canadians. After all, Marine Atlantic fulfills Canada's constitutional obligation to the province of Newfoundland and Labrador to provide a year round freight and passenger service. As many members in the House know, the corporation carries 27% of all passengers, 50% of all freight and 90% of all perishables entering the province, clearly a very important transportation link. The minister will announce a long term strategy on Marine Atlantic in the next coming weeks.

I will to turn finally to air transportation. The air industry continues to meet the needs of the residents of Newfoundland and Labrador. Air Canada and WestJet both operate extensive services to other regions of Canada and both have recently expanded their capacity to serve Newfoundland and Labrador. In addition, three other airlines based in Newfoundland offer extensive regional service within the province. At present, air carriers provide scheduled service to a total of 21 airports in Newfoundland and Labrador, carrying 1.5 million passengers in 2006. St. John's International Airport has recorded four years of consecutive growth as has Deer Lake, which has nearly doubled over the last five years as far as passenger growth.

As I have outlined, the Prime Minister and the minister are committed to ensuring that Newfoundland and Labrador has a strong transportation system backed by investment in public infrastructure, not just talk as was so frequent for the 13 years of the prior government. This is a government of action that will get things done for the people of Newfoundland and Labrador.

This commitment has been demonstrated in a number of investments in both transportation and infrastructure, but we cannot rest on our laurels. That is why the government will move ahead to support this important motion.