Mr. Speaker, I would like to begin by saying that I will be sharing my time with the hon. member for Algoma—Manitoulin—Kapuskasing.
I have the privilege of speaking about the motion introduced by the hon. member for Nanaimo—Cowichan. I would like to use my time to elaborate on the idea of first nations consultation, as it is described in the motion that has been presented to the House for consideration.
As I already mentioned on Monday, my speech today will focus on the idea of pro forma consultation. I often use Latinisms because they make my speeches sound more exotic. In English, pro forma means “as a matter of form”. When a criminal trial is held and there is a pro forma hearing, the client does not need to be present. Such a trial merely serves to move the proceedings forward.
Too often, the idea of public consultation is seen and thought of in an unrealistic way. A consultation process will be held but, in reality, people's needs and desires are barely taken into account. This reasoning also applies to the Canadian population as a whole.
The Conservatives, and most likely the governments that preceded them, are of the opinion that they have consulted the public properly if they have met with a certain group or held a public meeting and recorded and compiled people's reactions, regardless of the number of participants. The Conservatives then believe that they can proceed with their agenda, whether it be corporatist, social or cultural, unimpeded. In short, the government has erred in fact and in law, particularly when it comes to aboriginal people.
I would like to explain my reasoning. When it comes to consultations with first nations, we must never overlook the fact that there is always a possibility that the first nations will not support or consent to the measure that is being proposed. This also applies to the Canadian population as a whole.
Canadians have the option of opposing the proposed measure and making the government understand that the measure in question is quite simply unacceptable and should not be implemented. The government has to deal with that variable because it is a valid response that could very well be given if the public is consulted, whether it be with regard to policies or resource extraction initiatives.
Since my colleague's motion primarily has to do with consulting the first nations, it is important to ensure that a significant percentage of the public is canvassed and that there is a plebiscite that is observed and that can be observed on the ground.
In 2013, and I will discuss this further during my speech, the government is trying to find roundabout ways to circumvent the tribal management agencies, the band councils, in order to hold consultations without truly caring about the real impact, the actual desire to be consulted and how it will be carried out in a given community.
I will come back to this, but we must keep in mind that band councils were instituted by the Indian Act and their jurisdiction is limited to reserve lands. When it comes to consultations for mining projects, forestry projects or any other topics involving traditional territories, using the wrong approach complicates matters.
My opinion—which some might say would be arguable in a court of law—is that it would be in the government's best interest to consult the communities and hold extensive town-hall meetings. It would at least be a bit more transparent than what we are seeing now.
The people are increasingly rejecting many of the socio-economic measures put forward by community management organizations, the band councils, as they are too often modelled on the government's program for economic expansion and blind exploitation of natural resources. This rejection is a testament to the sharp increase in a renewed sense of self that we are seeing within communities in the country.
I say “in the country”, but this wave of assertiveness is being seen around the globe. We even saw it last spring in the streets of Montreal during the uprising, the massive turnout of people, by the hundreds of thousands. And that wave is travelling around the world. However, it is more present and visible in aboriginal communities. Of course, there is Idle No More. But that is not a trademark, and it is being cited a bit too often. It is a positive mobilization that is a testament to this increased assertiveness. That was not seen as often in the past.
This affirmation is not unrelated to the fact that the people are sometimes opposed to this tendency and reject, in a way, many decisions and policies made by these tribal government management agencies—including decisions involving traditional lands—for reasons I have already explained. Band councils cannot interfere with or manage relationships between the people and traditional lands, because their mandate and expertise are limited to reserve lands.
And that is why it is essential—and it should be a requirement—that the Government of Canada use 2013 to travel to communities and speak directly with the people. The Government of Canada would speak with the nine community leaders—chiefs and other counsellors in their capacity as community members—as well as all the other members of the community. The government should not just speak with the nine leaders, take that response and then make a lot of noise about how it has consulted the people. That is utterly untrue.
There are 3,000 people in my community. If the government listens only to the nine individuals who lead the community, the results will be markedly biased. It puts all of the power in the hands of nine people. To ensure real transparency, the people need to be consulted.
Some will say right away that if every resource development initiative were subject to massive consultations, it would be terribly expensive. That is true. However, many questions can always be combined in a single consultation. This is imperative.
Communities are often criticized for not mobilizing, not participating and not even voting, which is false. Some 4,000 Indians voted for me in the last election. First time ever. That had not happened before. When you make an effort, when you go and meet people, when you consult the community, when you go out and see people, they will mobilize and respond positively.
That is what needs to be done here. If the government really wants to get a feel for what people across the country are thinking and what their concerns are, it has to go to the people directly. It must not go through organizations and settle for a less than substantial response. Meaningful effort needs to be made, despite the vagaries of such a process. Once again, some will say there is a good chance this could go awry and that there are too many unknowns. The Conservatives are afraid to go into aboriginal communities. Technically, although extensive public consultation will inevitably involve some vagaries because the public may be less than receptive or less than supportive of a given initiative, such a process would at least have the advantage of being transparent.
Although the exercise in direct democracy associated with holding public consultations on aboriginal lands presents a number of vagaries on the face of it, the Canadian government could thereby establish the transparency of the process aimed at figuring out where people stand regarding proposed initiatives, whether they are legislative initiatives or initiatives on the ground.
This I submit to you, Mr. Speaker.