Mr. Speaker, I am pleased to rise today in support of Bill C-36, the Split Lake Cree First Nation Flooded Land Act.
Before I start to speak about the quality of the bill, I want to make it clear that the government can take no credit for drafting the agreement. As much as it pains me, I have to acknowledge that the previous government and the people negotiating on its behalf did an excellent job on the agreement.
At the same time I will not hesitate to credit the present government for implementing this agreement by way of Bill C-36.
I am confused as to the display of schizophrenia on behalf of the government when back in June it introduced a couple of pieces of legislation dealing with aboriginal issues, namely Bills C-33 and C-34 which were terrible pieces of legislation and terrible agreements. Now in direct contrast it is introducing a bill that has a great deal of merit. I wonder how the present government can take such opposite views of agreements and still call it good legislation.
As an example, when we compare Bills C-33 and C-34 with the way Bill C-36 was introduced, on Bill C-36 there was plenty of time the analyse the legislation and the agreement to make reasoned, logical decisions. In contrast to that, Bills C-33 and C-34 were presented a very short time before debate. There was no time to analyse the two bills before they were debated in the House.
On Bill C-36, there was plenty of time to prepare a response to the bill and the agreement through a detailed analysis. On Bill C-33 and Bill C-34 as you know, Mr. Speaker, there was no time to prepare adequate responses. Once the bills were rammed through the House, we had time to come up with more reasons why those bills should not have gone through.
In contrast there was plenty of time to debate Bill C-36, which we really appreciated. Our party has debated it at length. It is good legislation. By contrast the Liberal government invoked closure on debate on Bill C-33 and Bill C-34. It devalued the democracy that was present in the House.
We appreciate the debate time we have had on Bill C-36. Bill C-36 is an excellent agreement, an excellent piece of legislation because there is finality to it. It actually reaches a conclusion. The amount of moneys payable under the agreement are set. They are predetermined. They will end at a particular date.
As opposed to that, in Bill C-33 and Bill C-34 it is completely open-ended. It is a blank cheque piece of legislation. There is no finality to it. There are so many grey areas that we could be paying for the same thing over and over again for generations to come. We appreciate the finality that Bill C-36 has and we question the reasoning behind Bill C-33 and Bill C-34 that the government was so pleased about.
By contrast again, in Bill C-36 there was sound logical and reasonable solutions put into this agreement to solve the problem. Contrast in Bill C-33 and Bill C-34 there was no reason, no logic, no sound solutions to the problem, just vague statements that left the opportunity for abuse over and over again and the cost to rise upward and upward and the payments to go on for generations.
Now that I have drawn a comparison between a good piece of legislation and a great agreement that we have in the House today with some terrible legislation, Bill C-33 and Bill C-34 that the Liberals rammed through the House in June in order that they could break early and have a holiday over the summer and the minister of Indian affairs could go to the Yukon and proudly proclaim this agreement, I want to talk about Bill C-36 and why our party would support it.
Problems in this region of Manitoba began in the 1940s with the Lake Winnipeg regulation and the Churchill River diversion projects. These were huge hydroelectric projects initiated by Manitoba Hydro that flooded almost 12,000 acres of reserve
lands that were the occupied lands of the different Cree groups there. This represented about 10 per cent of reserve lands among five Indian bands.
In 1975 the Northern Flood Committee was established with representation of all five bands which of course included the Split Lake Cree band.
This committee was established to determine exactly how the bands affected by this hydroelectric project were to be compensated for the flooding of their lands and the negative impact that this had on aboriginal fishing, hunting, gathering and trapping, traditional activities in that part of the area among the Cree bands.
The work of the committee eventually lead to the creation of an economic development agreement and the Northern Flood Agreement known as the NFA in 1977. That was not a good agreement. The NFA was vague in its terms. It was very open-ended. It presented all sorts of opportunities for abuse of the compensation. It has cost the government well over $100 million because of the disastrous formulating of that agreement.
Bill C-36 is a result of the many serious problems that were experienced under the NFA between the bands, Manitoba Hydro, the Government of Manitoba and the Government of Canada, problems which began only a year after the signing of the NFA in 1978 and carried through to 1988.
In 1992 the Auditor General reviewed the operation of the NFA and found a huge number of problems. He found that the terms and conditions of the NFA were terribly unclear. This resulted over a period of time in a large number of arbitration applications being put forward by the signatories over the years.
Just after the NFA was signed the terms and conditions were so clouded that the Department of Indian Affairs and Northern Development requested an extensive legal analysis of its obligations under the agreement. DIAND was very worried about this agreement and the implications it would cause for compensation and for provisions down the road. It requested this huge legal analysis so it could get its position a little bit clearer.
This resulted in a 72 page report being produced in 1983 and later a 200 page report being produced in 1987 outlining DIAND's obligations under the NFA.
One really has to wonder whether the people who put this NFA together were asleep at the switch when it was signed and what the government was doing when it was being put together. In 1983 and 1987 the government had to go into this huge legal process to find out exactly what its obligations were under the NFA. One wonders who the negotiators were representing. It also brings into question their competence.
By way of example of the obligations of the government that were unclear, the NFA appears to be definitive when it states that Canada is responsible to supply drinking water to the bands. Manitoba Hydro was supposed to pick up 50 per cent of the cost of doing this. It just so happens that to date Canada has spent $88 million on this obligation to supply pure drinking water and Manitoba Hydro has not picked up one cent of this cost. We are talking about $44 million here.
When this bill was before the committee on aboriginal affairs we discovered that an arbitrator was still trying to determine if Manitoba is responsible to pay 50 per cent of Canada's cost of supplying drinking water to the five bands. We have the Northern Flood Agreement that is or appears to be very definitive that there was a 50 per cent cost sharing between Canada and Manitoba Hydro. It ends up that Canada has paid the whole shot up to now, $88 million. There is an arbitrator still trying to determine if Manitoba Hydro was responsible to pick up 50 per cent of the cost. It gives an idea how unclear in many areas the NFA was. It was actually a very bad agreement for Canada to be involved in.
This example I just gave on the drinking water clearly highlights the uncertainty which exists in the terms and conditions of the NFA. That is why it is such a good thing that we are able to break out of it and sign this particular agreement with the Split Lake Cree Nation.
The Auditor General determined that the NFA was designed to be implemented through a co-operative approach. Instead, he found that the NFA was being implemented through an adversarial approach. This adversarial condition was brought about by the cloudiness of the agreement and people thinking that they could take advantage of this. In fact, there was every opportunity for them to take advantage of it.
As a matter of fact, as of November 1991 signatories to the NFA had filed a total of 150 claims for arbitration. At that time there were 32 outstanding claims where Canada was either the respondent or the claimant. This adversarial process is frustrating to the bands, it is frustrating to the government and it is frustrating to Manitoba Hydro.
It is a process which of course is expensive to the taxpayer because the taxpayers end up paying the shot for the legal costs on this.
Because the parties are retaining legal counsel to battle their claim before an arbitrator, the Canadian taxpayer ends up picking up the tab for the federal government's lawyers, the Manitoba Hydro lawyers, the province of Manitoba and the bands involved, the signators on the native side of it.
I can clearly say that the taxpayer may never know the true cost of the Northern Flood Agreement. It is that bad and it is that expensive.
The Auditor General estimated that the NFA had cost the federal government $115 million and up between the time it was signed in 1977 and March 31, 1991. This was an agreement that was supposed to solve the problems. It created problems and it created a huge obligation to the Canadian taxpayers. However, the Auditor General said that this was strictly an estimate because in fact-I love this statement-the Department of
Indian Affairs and Northern Development had not captured the entire cost.
Within his recommendations in the 1992 report, the Auditor General stated that the Department of Indian Affairs and Northern Development must capture all NFA associated costs, a huge obligation for the taxpayers of Canada for this disaster of an agreement, the Northern Flood Agreement.
In all, the NFA was not clear in its terms and conditions and this led to various claims being filed for arbitration between the parties which would sign the agreement. This led to an expensive and certainly unworkable agreement.
In 1989 negotiations began between the parties to address the severe difficulties found within the Northern Flood Agreement. The negotiators were seeking band specific agreements. I think that was a good first step.
Bill C-36 is just such an agreement reached with the Split Lake Cree band. I want to say that as a participant in the committee process on this bill, I had the opportunity to talk with many members of the Split Lake Cree band. I was very encouraged by their determination to resolve this thing and get it so that there is some definite finality to this bill in order that the vague, grey areas of the NFA can be put aside. They can get on with life and make some definite plans for the future well-being of their community.
I commend the Split Lake Cree band for having the courage to break away from the Manitoba flood committee and negotiate this final settlement with Manitoba Hydro and the provincial and federal governments. They faced a lot of adverse criticism from the other four bands that were the original signatories for breaking away and wanting to get the thing done. I commend them for what they did. It was a very courageous act.
Apparently work is currently under way with the four remaining bands to try to draft similar agreements to this in the coming year.
There is again a lot of resistance to it because of the blank cheque opportunities in the NFA. It is incumbent on the government that it pursue coming up with agreements for those four remaining bands as quickly as possible. It is going to solve the problems in that area and it will save the Canadian taxpayers a huge amount of money and problems.
I am not going to be as long as the former speaker but I want to talk briefly about some of the really good things in this bill. Specifically under this agreement, the Split Lake Cree will receive about $47 million over five years. They will receive some 34,000 acres of new reserve land and some 2,800 acres of fee simple land.
This is good because they will know what their land reserve will be. They will have this money for economic development in setting up infrastructures within their communities and they will be able to put a business plan together.
It is interesting to note also that the settlement moneys will be transferred to a trust fund in the name of the Split Lake Cree. These funds will be administered by a trust company in order to guarantee accountability. This is going to ensure that the band has the utmost flexibility in determining where and how the money will be spent within its community. In speaking with the Split Lake Cree I believe it is going to be spent with due diligence and accountability.
The 2,800 acres of fee simple lands will be subject to property taxation. Any business originating from those lands is also taxable. I like that. We have a form of taxation that is going to help the economic base.
I am also pleased to note that this agreement was put to a referendum in the band. Individuals in the band voted 93 per cent in favour of the agreement. I like that as well because that is the democratic process. It is important to utilize such a mechanism in order to allow the input of the rank and file band members since this settlement agreement has a direct effect upon their lives and the lives of their children.
Further Bill C-36 was examined by the Standing Committee on Aboriginal Affairs and Northern Development, which examination ended on October 6. This bill was reported back to the House without amendment. It was a good piece of legislation. It is a good agreement. Committee members found that the bill sufficiently addresses the problems found within the northern flood agreement. Members hope that Bill C-36 will adequately settle the grievances arising out of the flooding of reserve lands.
The Reform Party supports the settling of legitimate Indian grievances. This indeed is a legitimate grievance. I know this new agreement will work a lot better than the NFA. I hope that similar settlement legislation relating to other affected bands will be forthcoming.
I have no hesitation and the Reform Party has no hesitation in supporting Bill C-36.
(Motion agreed to, bill read the third time and passed.)