Mr. Speaker, I am pleased to speak today in support of Bill C-41. This landmark legislation before us today would put into force the Maa-nulth First Nations final agreement, a historic accord reached by the Maa-nulth first nations, the Government of British Columbia and the Government of Canada.
The Maa-nulth First Nations final agreement is only the second final agreement concluded under the B.C. treaty process and the first under that process that involves more than one first nation. The agreement is an example of the major progress we are making in the province to resolve outstanding land claims.
With the recent implementation of the Tsawwassen First Nation final agreement earlier this year and the signing of several agreements in principle, there is no denying that we are engaged in an extraordinary period in the history of Canada, British Columbia and first nations communities.
Bill C-41 and the progress we have made in other negotiations are positive markers that the B.C. treaty process can achieve success. We continue to work with the provincial government and British Columbia first nations in the negotiation process, and we have ensured that final agreements are appropriate to the needs of the people of Canada, B.C., the citizens of local municipalities and the members of first nations communities.
Many people from the five Maa-nulth First Nations communities played critical roles in enabling us to reach this historic moment. The chiefs of the five communities, four of whom are with us today, along with their chief negotiator, deserve special recognition and thanks for their ongoing leadership and commitment. They are Chief Councillor Charlie Cootes of the Uchucklesaht Tribe, Chief Councillor Violet Mundy of the Ucluelet First Nation, Chief Councillor Therese Smith of the Ka:’yu:’k’t’h’/Chek’tles7et’h’ First Nation, Chief Councillor Robert Dennis Senior of the Huu-ay-aht First Nation and Hereditary Chief Anne Mack of the Toquaht First Nation.
Bert Mack also played a critical role. For 67 years, he was hereditary chief of the Toquaht Nation, a sacred role he passed on to his daughter Anne earlier this year. I understand that when Chief Mack became chief, at the age of 18, his father had one clear, concise instruction for him to follow. His father said “go and negotiate a treaty”. The Maa-nulth First Nations final agreement is a fitting testament to his unwaivering dedication to that task.
As a personal note, I have known Bert Mack and his wife Lil for over 30 years. I was delighted to attend the signing ceremony early this year in Port Alberni and to have the opportunity to share the moment with Bert and Lil and the Maa-nulth people. I have also worked in the forest industry in that region with Chief Charlie Cootes, so we were able to renew our friendship, as well.
The five first nations are collaborative and progressive, and it is very rewarding to witness the passage of Bill C-41. It will be transformative for the people of the Maa-nulth First Nations. With the approval of this legislation, the Maa-nulth First Nations communities can nourish their culture, assume greater control over issues affecting their people and lands, make their own decisions about resource use and delivery of programs and services, and create business partnerships. This would result in self-reliant communities that are better prepared to participate in the overall economic growth and development of Canada.
I would like to expand on five elements of the agreement: land use, finances, taxation, natural resources and governance.
The first element is land use. The land package of the final agreement consists of approximately 25,000 hectares of treaty settlement lands and former Indian reserves that would be held by the Maa-nulth First Nations in fee simple. This type of ownership gives these first nations flexibility to manage and use them to generate long-term economic benefits. The final agreement provides for five first nations governments to exercise a wide range of law-making authority over these lands. In addition, federal and provincial laws would continue to apply.
Over a period of 10 years, the five first nations would receive a total of $73.1 million in a capital transfer. In addition, over a period of 25 years, the communities would receive an estimated $1.2 million annually in resource payments.
For their part, the first nations would also deliver a host of agreed upon social programs and services to their people and would be fully accountable for the financial transfers they receive from the governments of Canada and British Columbia to support these programs and services.
Along with these fiscal transfers, each first nation government would have the ability to levy direct taxes on its members who live on treaty settlement lands. The section 87 tax exemption for transaction and other taxes would be phased out after 8 and 12 years respectively.
I should also point out that non-Maa-nulth First Nations members who live on Maa-nulth First Nations lands would be able to participate in discussions and vote on decisions of Maa-nulth public institutions that would directly and significantly affect them. In addition, each Maa-nulth government and public institution would formally consult with non-members concerning decisions that would directly and significantly affect them.
Under the final agreement, each Maa-nulth First Nations would have the right to harvest fish and aquatic plants for food, social and ceremonial purposes. However, these rights would be limited by prudent measures. A harvest agreement, separate from the final agreement, would enable the first nations to acquire commercial fishing licences on a long-term renewable basis, comparable to those held by fishers in the region's commercial fishery. There is no priority commercial fishery for the Maa-nulth First Nations. The Maa-nulth peoples would purchase commercial fishing licences in the open market. Moreover, Maa-nulth commercial fishing would take place only upon a general fishery being open for that species. Further, the standards for catch monitoring and reporting would apply as for other commercial fishing.
Finally, the Maa-nulth First Nations final agreement would establish open, democratic and accountable governments for each of the five first nations, with the exception of determining Indian status. The Indian Act would no longer apply to the Maa-nulth First Nations, their land or their members. Instead, each Maa-nulth first nation would have its own constitution. Each government would consist of a majority of members elected according to an election code, and elections would be held at least every five years. Each of these governments would enjoy all the attributes of modern democratic governments, including rigorous systems of financial administration, conflict of interest guidelines and processes that would enable citizens to review and appeal administrative decisions.
The final agreement would provide an opportunity for the first nations to include traditional chiefs in their government structures, if they so choose. This is an important recognition of the culture and heritage of the Maa-nulth communities. The Canadian Charter of Rights and Freedoms would also apply to the Maa-nulth first nations governments, and the final agreement would include specific provisions to protect the rights of non-Maa-nulth residents living on treaty lands.
In combination, these and other elements of the final agreement would provide what Uchucklesaht tribal chief Charlie Cootes calls a “toolbox” for the Maa-nulth people: a collection of proven, flexible mechanisms that would enable the Maa-nulth to make their own decisions on their own terms. Do not all Canadians, aboriginal and non-aboriginal, want and deserve to steer their lives, to provide for their families, to build strong communities, to reach their full potential and to control their fates?
Men and women would find it easier to secure bank loans, start businesses and save for the future. These are all simple yet profound consequences of the Maa-nulth nations final agreement. The benefits of the agreement would go far beyond the Maa-nulth First Nations. The transformative power of this agreement would touch the lives of each citizen of British Columbia and indeed all Canadians.
In the words of Robert Dennis Senior, Chief Councillor of the Huu-ay-aht First Nations:
The treaty offers opportunities for all of us.
...today, British Columbia can stand proud and say: “I was part of that change. I was willing to stand up and say things must change. Things cannot stay the same.—”
Finally, I would like to pass on the word said to me yesterday by Chief Anne Mack from the Toquaht band. It was from her father Bert Mack. The word, to me, means paddling forward together, and it is a fitting conclusion. The word is chuqchuqa.
