Mr. Speaker, I am pleased to rise and participate in the discussion brought forward by my friend, the hon. member for Humber—St. Barbe—Baie Verte concerning what appears to be the very arbitrary and secretive way in which the Conservative government is attempting to alter a formal agreement signed by the Government of Canada and a first nation.
Motion No. 432 addresses concerns about the deregistration of thousands of current members of the Qalipu Mi’kmaq First Nation Band who have already been recognized by The Indian Registrar as status Indians just a few short years ago.
This motion is also about thousands of applicants throughout Canada who have applied in good faith under the existing rules that were established after a lengthy negotiation between the Federation of Newfoundland Indians and the Government of Canada. Under these rules, people throughout Newfoundland and Canada who maintained a connection to the many Mi’kmaq communities of the island were deemed eligible for membership in a newly created first nation band.
These are not rules that were written in haste or on the back of an envelope, as our colleagues on the other side sometimes like to say. In 2007, the Prime Minister personally approved the Qalipu Mi’kmaq First Nation ratification agreement and personally endorsed the criteria for membership in the band when he signed the agreement.
Simply put, the motion brought forth by my colleague from Humber—St. Barbe—Baie Verte asked that the Prime Minister of Canada fulfill the promise he made to thousands of members of this first nation who have already been accepted and to thousands of applicants to the band who are waiting for their applications to be processed.
Unfortunately, it appears that the Government of Canada has signalled it will break its promise. It has announced that it intends to change the rules midway through the process. This is not the first time we have seen the government break a promise. It is not the first time that we have seen the Conservative government betray Atlantic Canadians or our first nations. We all know that the Prime Minister broke his promise to honour the Atlantic accord. Of course it cost Bill Casey his caucus membership over there.
Ironically, the Prime Minister carried out his betrayal after quoting a Gaelic proverb that states, “there is no greater fraud than a promise not kept”. That seems to be applicable here. I suspect he may have learned that from Senator Duffy, but I digress.
Earlier this year, we witnessed the deep distrust the first nations have with the government. Idle No More was a sign of the growing frustration among aboriginal communities, leaders and indeed all Canadians over the litany of broken promises and the complete lack of progress from the government on issues affecting indigenous people in Canada. The government's refusal to consult first nations on matters that may impact their inherent rights or treaty rights gave rise to the Idle No More protest movement.
The Liberal Party of Canada has stood against the cynical actions of the government in Parliament and worked to highlight its short-sighted approach for all Canadians, just like we are standing here today.
In relation to this motion and what happened here, in a nutshell the government is suggesting that the number of members and applicants who presented themselves for recognition is too many and that this situation could not have been foreseen. Standing today at 24,000 members and at 75,000 applicants, the government is suggesting that this is far beyond the intended 8,000 to 12,000 members that the Department of Aboriginal and Northern Affairs originally projected when the Prime Minister ratified this agreement in 2007.
The record is clear. In 2009, the number of members in the band stood at 10,000 and the number of applicants waiting to be processed stood at 20,000, with three years left in the enrolment process. Therefore, if the expectation was that only 8,000 to 12,000 members would be assumed to be eligible for membership in the band, that forecast was proven totally inaccurate almost four years ago. Any belief that those numbers would not grow the way they have is just not credible. What would be the basis for it in view of these facts?
Furthermore, the government has raised no concern in the four years that the agreement has been in effect. Meanwhile, the number of applications and the number of members enrolled have been steadily increasing. Now, after four years of executing the agreement, the government is trying to create a story that there is a problem with the high numbers and that the problem is not its doing, that it is the doing of the applicants. What a silly thing to say. The government is suggesting that people who are applying for membership are doing so without proper entitlement to do so. That is what the process is all about.
It is typical of the government to point fingers. What did the Prime Minister do, even last week, when he had the problems with Senator Duffy? He pointed the finger at his own office. For some reason, he never points it at himself, which is most unfortunate. The Conservatives ought to look at themselves in this case. They were part of the design of the rules. The Prime Minister signed off on these rules that he now does not like.
The agreement spelled out the enrolment criteria for the band in plain language. The agreement stated that to become a member an applicant would have to demonstrate that they or one of their ancestors was of Canadian aboriginal descent. The applicant would not have to show that they were necessarily of Newfoundland Mi'kmaq descent. They would simply have to show that they were of any aboriginal heritage from anywhere in Canada and that would be sufficient.
That is what the Prime Minister signed off on. Those are the rules he agreed to. Now he wants to change the rules. He effectively wants to change horses in midstream. Furthermore, as specifically stated in the agreement, “no minimum blood quantum” or fraction of Indian ancestry was relevant for membership in this band either.
By pointing out these two rules for membership, it might make it easier for people to understand why such a relatively high number of applicants have come forward. It is not surprising. Those are the rules that were set up after the negotiations and these are the rules that the Prime Minister signed onto. If anyone is responsible for the rules that he now does not like, he should look in the mirror. Pointing out that this is exactly what the federal government negotiated, and obviously intended in forming the agreement, is also relevant.
The next criteria for enrolment was that the applicant or their aboriginal ancestor would have to be either (a) a resident of, or (b) connected to the Newfoundland Mi'kmaq community, as listed within the agreement.
The rules were clearly spelled out in the agreement. They were clearly spelled out for people who are no longer a resident of such a community in Newfoundland. They would have to demonstrate an ongoing connection to that community by way of regular telephone calls or visits to such a community. The requirement is spelled out in plain language within both the agreement and the application guides produced by the federal government and Newfoundland authorities for the applicants.
If I have time, I would like to highlight a couple of key elements in what the government signed as part of the agreement with the Mi'kmaq.
Part 13 of annex A specifically states, “The applicant must provide evidence that he is of Canadian Indian ancestry. There is no minimum blood quantum”. The Prime Minister signed onto that. To reinforce that, both the government and the first nation were fully aware of the criteria that they agreed to. The documents produced to assist applicants in preparing their applications, as well as the information found on the government website, specifically stated that residency was not a requirement for enrolment as long as a connection to a Mi'kmaq community can be established, and a connection is described as “visits or communication”.
The government has only itself to blame if it does not like these rules. It ought not to be breaking its promise. It ought to be in this case, unlike so many others, keeping its word to these people, following the process, letting people apply if they wish, and letting the process decide whether or not they qualify under the rules that the Prime Minister signed on to.