Madam Speaker, I would like to make a few comments with respect to Bill C-14 but before I do that I want to say how much I agree with the member for Wild Rose, who talked about the social problems of our native people in this country, the extreme poverty and drug problems. It has been going on for a long time. No government seems to be adequately dealing with it. The government has an opportunity now to deal with it.
The bill seems to have a lot of legalese in it. One member over here spent a great deal of time making us rather dizzy with some of the legal arguments as to why we should support the bill, but what it comes down to it there is nothing in the bill to solve the very serious problems that these people have. A lot of money has been spent by many governments and it is still going on. I think it is regrettable that we can stand here, debate these issues and not solve these problems.
Several other arguments have been raised as to why we in the Conservative Party are opposing the bill. One argument is that it is not a final agreement. It is quite remarkable that the agreement contains an article to reopen negotiations if another Northwest Territories aboriginal group negotiates terms that are attractive to the Tlicho in a future agreement. It fails to do what it is supposed to be doing, which is to create something that is final.
It is like no one thought about that. This other group thought about it but we did not think about it, so let us reopen the agreement. How silly. Why can we not have a final deal now? Why is that article in there? It is quite remarkable that clause is in there.
The second opposition we have to the bill is that it appears to recognize the right of the Tlicho people to enter into international agreements. I find that remarkable as well. This is Canada. Canada is supposed to be the one that negotiates international agreements, not a balkanization of this country, whether it is aboriginal or any other group. It is Canada that decides what the international agreements are supposed to be.
This agreement states that it does not limit the authority of the Tlicho nation to enter into international, national, interprovincial and interterritorial agreements. It further requires that the Government of Canada consult with the Tlicho nation before Canada enters into an international agreement that may affect the right of the Tlicho government, the Tlicho First Nation or a Tlicho citizen. Does a Tlicho citizen mean one person? Is that what that means? Surely to heaven we are not going to restrict ourselves to Canada making an agreement that one citizen can come forward and challenge the Canadian government. We will be in anarchy.
We on this side are saying that it is very broad language and puts a remarkable restriction on a power constitutionally reserved for the Canadian government. It would be quite a new change in the laws of this country if we were to allow one group to literally veto what a Canadian government is going to do.
The third argument of course is that it would create a racially based electoral system. The agreement would create a category of citizens called “Tlicho citizens”. They would be the only people who could be elected as chiefs. Further, 50% of the elected councillors must be Tlicho citizens. Surely this is contrary to the Canadian Bill of Rights.
The final argument that I wish to address in my comments is the one that alarms me the most. I referred to it in a question that I asked one of the government members. It has to do with clause 5 of Bill C-14.
Someone said that was not the right interpretation. I am reading it and it says that the agreement, or the bill or the regulations made under the bill will prevail over the provisions of any other act of Parliament, any ordinance of the Northwest Territories, any regulation made under any of these acts or ordinances or any Tlicho law. It is really amazing, this paramountcy section.
The government members have said that we are not reading it correctly. Well, that is what it says. In other words, I can only assume that the Tlicho nation can create its own criminal code. The Criminal Code of Canada does not apply if there is a criminal section set up under this agreement. It has paramountcy over the Criminal Code of Canada. It could even be suggested, although the government disagrees, that it takes paramountcy over the Charter of Rights and Freedoms. If I were one of the Tlicho citizens I would have grave concerns as to how laws might be passed that would take paramountcy over the Charter of Rights and Freedoms.
Clause 5 will be a lawyer's dream. The courts will be so packed with constitutional cases for eons over this section alone, let alone all the other sections that are being referred to by my colleagues on this side.
The agreement describes three different hierarchies to determine which legislation is paramount in the event of conflict: federal legislation, territorial legislation, the Tlicho laws or the agreement. It is not clear whether the Tlicho citizens will have the benefit of protection under Canada's Charter of Rights and Freedoms in the event of a conflict with the Tlicho constitution. That is the most serious issue.
The Liberal government, of course, has taken great pride in saying that it set up the Charter of Rights and Freedoms. This is directly contrary to the Charter of Rights and Freedoms. Why in the world anyone would want to support it, I do not know. It does not make sense to support legislation that will violate the rights of Canadian citizens. I would encourage all members, including members of the government, to oppose the legislation on that issue alone.
There is a final element of confusion. The agreement provides, in article 7.1, for a Tlicho constitution. Although the constitution does not--