Jonathan Genest-Jourdain

[Business of Supply, February 16th, 2012]

Madam Speaker, I would like to thank the hon. member for his question.

Yes, it is of the utmost importance. In passing, I would also like to compliment my colleague on his French. This is the first time I have ever heard him speak in French.

We must now ensure that the government's willingness is transformed into action. We have been hearing lip service for the past 50 years. Clearly, big things are happening now, meaning there is a great interest in aboriginal issues, and I am a prime example of that, this morning. However, this willingness must truly be transformed into concrete efforts and inclusive measures to help first nations.

[Business of Supply, February 16th, 2012]

moved:

That, in the opinion of the House, the government should adopt Shannen's Dream by: (a) declaring that all First Nation children have an equal right to high-quality, culturally-relevant education; (b) committing to provide the necessary financial and policy supports for First Nations education systems; (c) providing funding that will put reserve schools on par with non-reserve provincial schools; (d) developing transparent methodologies for school construction, operation, maintenance and replacement; (e) working collaboratively with First Nation leaders to establish equitable norms and formulas for determining class sizes and for the funding of educational resources, staff salaries, special education services and indigenous language instruction; and (f) implementing policies to make the First Nation education system, at a minimum, of equal quality to provincial school systems.

Madam Speaker, first of all, I will be sharing my time with the hon. member for Edmonton—Strathcona. I sincerely hope that my speech here today gets as much media attention as other events that have happened recently.

The presentation of this motion will go along the same lines as the approach I used in my previous speeches. Madam Speaker, I have made a number of speeches in this House since I arrived here on May 2, 2011. My detractors and those who might be interested can look at my record at www.openparliament.org. There are nearly seven pages on my speeches.

It should be noted that analysis of the material on the living conditions in aboriginal communities in the country lends itself well to empirical considerations and highlighting cultural subtleties. As with my previous speeches, I will talk about the basics and address the realities as experienced in the communities and on the streets of my home reserve. This ties in with the oral tradition I come from.

Last week, I had the opportunity to attend the press conference held by the national panel on first nation elementary and secondary education. To my great surprise, the spokespeople for the organization addressed a number of points that demonstrate culturally relevant progress, thanks to which it is possible to identify the obstacles to educating youth on first nations reserves. Sometimes in my speeches, I talk about cultural relevance and a culturally integrated approach, and those are the aspects I am going to focus on today, since government efforts in the communities to promote school enrolment and completion of education among youth have to be measures that take into account the sometimes difficult realities experienced by young people in the communities. This has to be a grassroots approach.

The panel is to be applauded for the mere fact that, in preparing its report, it focused on the true causes of absenteeism and dropout rates in the communities. During the press conference, the panel members also highlighted one of the greatest strengths of youth living in adverse conditions: resilience. In fact, as I stand before you this morning, I am an excellent example of that resilience. Despite the fact that industry-sponsored media have tried to take me down, I am still here. I want everyone to know that I ate out of garbage cans as a child. This is nothing new to me, and it takes more than that to bring me down.

In my remarks today, I will focus on adversity and resilience because first nations youth encounter obstacles to learning every day. One of the primary obstacles is the cyclical way of life that has gradually become the norm on reserves in Canada. By “cyclical way of life”, I am referring to, in my language, mitsham shuniau, or social assistance benefits. Life in reserve communities today follows the rhythm of social assistance payments.

Teachers in reserve communities can attest to that. Absenteeism is significantly higher on the 1st and 15th of each month because that is when people get their cheques. As I will show, a large proportion of families that depend on federal transfers do not function well on the days the cheques come in. Children in such families suffer the consequences of their parents' dysfunction and do not go to school because they cannot find food in the morning or get themselves ready. I am talking about young kids, high school kids and elementary school kids.

This factor must be taken into account when implementing education programs adapted to the realities of Canada's aboriginal communities. Teachers and other stakeholders called upon to work on remote reserves that are truly struggling do not have an easy task. Therefore, it is important that we focus on giving educational institutions the tools they need to meet the needs of these students on their individual journeys. When I talk about their journey, I not necessarily referring to their academic journey, but rather their life journey. This is not the case in all communities, but from my personal experience in the communities of Uashat-Maliotenam and the Lower North Shore, from a very young age, children are regularly exposed to deviant, negative influences and behaviour that would be considered unacceptable by today's standards, but that is trivialized in those communities because it is so pervasive.

These young people have been brought up in a world that is quite different from that of other young Canadians. Any teachers who answer the call to go to these communities to work—for they are often from outside the community—will have to learn about and be prepared for this reality, as demonstrated by the youths' behaviour and psyche.

The dysfunctional nature of many aboriginal communities in Canada is partially linked to idleness and dependence on agencies that are part of the band management. For instance, in my community, over half of all individuals who are of working age, that is, 16 and over, depend on Mitsham Shuniau, or money to eat. Basically, that is our word for social assistance. In some cases, band leaders are forced to divert funding to other priorities established by the band council.

There is a case in a community in my riding, a community whose name I will not mention because it is rather infamous. It announced that, due to fiscal restraints, it had to cut the school days at the secondary school to four days a week in order to mitigate the cash shortage. It is the young people who are ultimately going to suffer the consequences. That is a concrete example.

All efforts to implement policies regarding the first nations education system must ensure that the funding allocated to education is used only for the purposes of the specific educational programs.

I will certainly not limit my remarks to students attending on-reserve primary and secondary schools. My arguments also apply to post-secondary students who often have to leave their home communities to pursue their academic endeavours. Those students, like the ones living on the reserves, are entitled to high-quality education that takes into account the added burden on aboriginal youth who want to pursue higher education.

I want to talk about my own experience. I left my home community in early 2000 to pursue my post-secondary education. I then enrolled in the faculty of law at Université Laval. I spent six years in all in Quebec City. Things did not go smoothly at first. I had a hard time adjusting to urban life. I carried the reality I grew up in with me during those years. Young aboriginals who have to study abroad or away from home are dependent on transfers from the band council education authorities. They are on an allowance. Imagine how hard it is to rent an apartment when your only source of income is an allowance from a band council. You can imagine how many doors were slammed in my face. I ended up living in residence. That is just one of the obstacles facing students wanting to pursue higher education, not to mention breaking from their traditional lifestyle and the distance between them and their home community.

I want to clarify that just because my head was leaning over towards my BlackBerry, that does not necessarily mean I was asleep in my seat.

[Aboriginal Affairs, February 14th, 2012]

Mr. Speaker, that is not enough. First nations children need real action, not empty promises. First nations leaders have been clear: the only acceptable action plan is one that addresses all educational needs, from early childhood to post-secondary education. What is missing is partnership with the federal government.

So will this government commit to working in partnership with first nations, beginning immediately, to address the educational needs of youth with an education system that is properly funded and respects first nations' language and culture?

[Aboriginal Affairs, February 8th, 2012]

Mr. Speaker, the first nations have made their position clear. The only acceptable action plan is one that meets all education-related needs, from early childhood to post-secondary education.

Will the government commit to developing legislation that takes into account its duty to provide ongoing funding for the education of first nations people? Will it commit to developing predictable criteria for program funding, including the administration of programs by first nations and respect for language and culture? And will it finally commit to doing this in partnership with first nations?

[Aboriginal Affairs, December 7th, 2011]

Mr. Speaker, the emergency situation in Attawapiskat is far from an isolated incident. Hundreds of other aboriginal communities in Canada are having the same problems. A total of 80% of reserves in Canada have problems with drinking water. In Quebec, a quarter of the communities are financially suffocating and falling into poverty.

This government has turned its back on aboriginal people. Does the United Nations have to intervene in order for the government to take an interest in them?

[Aboriginal Affairs, December 6th, 2011]

Mr. Speaker, Attawapiskat is not an isolated case. Today, two reserves in northern Quebec declared a state of emergency after having spent 24 hours without electricity in extremely cold temperatures.

An immediate injection of funds is required to meet the demand for 85,000 new social housing units. One hundred and twenty communities have to boil their water. Reserves are chronically underfunded and the shortfall now amounts to $200 million a year.

Third party management is not a solution to these problems, problems that have been ignored by successive Conservative and Liberal governments alike. When will there be an infrastructure plan to help first nations communities in crisis situations?

[Aboriginal Affairs, December 2nd, 2011]

Mr. Speaker, all of a sudden, the Conservatives are waking up and blaming everyone but themselves.

Federal public servants went to Attawapiskat not once, not twice, not three times, but 10 times in the past year. They must have submitted reports on the situation. Has there been any follow-up to these visits or is the department in the habit of leaving reports on shelves to gather dust rather than taking action as required?

Is the conclusion here that the government is completely indifferent to the living conditions of aboriginal people?

[Attawapiskat, November 29th, 2011]

Mr. Speaker, today we are witnessing the danger that comes with having a Prime Minister who is out of touch, who feels that his government is not responsible for helping to lift Canadians out of poverty.

It has been one month since the community of Attawapiskat requested emergency assistance to provide housing for families as winter approaches. It is a horrible situation. Families are being forced to live in deplorable conditions, in shelters that are not insulated and have no running water. Some families are living in trailers with no bathrooms. What does this out-of-touch government do? It blames the community.

If the Prime Minister is wondering what to do, he should follow the example of our leader, the hon. member for Hull—Aylmer. She is currently in Attawapiskat with the hon. member for Timmins—James Bay. She is meeting with members of the community. She is listening to them and trying to come up with solutions. She is showing them that there are people in Canada who are there for them in such times of crisis. She is doing what the Prime Minister should be doing, the work he refuses to do. Why? Because that is real Canadian leadership.

[Criminal Code, November 28th, 2011]

Mr. Speaker, it is with great pleasure today that I bring to bear my experience as a criminal lawyer after six long months away from the courts.

The current matter before Parliament provides me with an opportunity to make a case that, I hope, will be taken up by my fellow lawyers. First of all, I have to say that my colleagues have often described my interventions as obiter dictum, that is to say that my comments are tangential. However, to my mind, the facts that will be presented today should be brought to the attention of Canadians, even though I do not attach much importance to minimum sentences and other technicalities.

Therefore, I must say that my first reaction, with respect to the bill submitted to the House for consideration, naturally was to inquire as to the position of the Barreau du Québec on the issue. This allowed me to focus my presentation to the House on the considerations pertaining to the kidnapping of children by strangers. As we have already heard, that is today's subject.

This quite deliberate focus will nevertheless result in consideration of the responsibilities that must be assumed by the father, the mother, the guardian or the person with legal custody of a child to prevent such a social tragedy.

In keeping with my previous speeches, I will inform the House of the social realities and repercussions of crimes against the person that have been perpetrated in Canada's aboriginal communities. It is especially appropriate to take this approach to this issue because the kidnapping and disappearance of aboriginal young people is a reality in Canada. It is such a current issue that, at the meeting of AFNQL chiefs last week in Ottawa, this matter was again discussed by the members and the chiefs heard testimony about this from the Anishinabe community. It seems that young women were still disappearing recently from this community. This was also the theme at the Sisters In Spirit walk in which I participated in Montreal just over a month ago. Representatives of communities across Canada chronicled the disappearances that have taken place not just in British Columbia, but all over Canada.

The notion of kidnapping echos what happened in the past in communities dealing with the effects of Indian residential schools. Having worked on and dealt with a few cases of financial compensation linked to Indian residential schools, I can assure you that those communities regard the experience as a kind of kidnapping. RCMP officers showed up at people's homes and simply took the children and cut them out of the family unit. It was like kidnapping. I wanted to make this point clear.

With that part of history now behind us, it seems that many situations compromising the physical integrity of youth are currently happening on reserves in Canada. Because of the deterioration of the social fabric in some aboriginal communities in Canada, negative influences are corrupting young people who are struggling with serious identity crises. As we know, elements of the criminal underworld have been able to infiltrate family units and the clan dynamic that is characteristic of aboriginal communities, all with a view to perpetrating criminal activities in remote regions.

According to an Amnesty International report published in 2009, sexual predators and people who commit crimes against individuals in general deliberately target aboriginal people, since those acts can be motivated by racism or by the belief that society's apathy regarding the well-being and safety of these aboriginal young people will allow the criminals to escape justice.

The obvious social and cultural challenges that some of these communities face on a daily basis constitute fertile ground for the corruption and exploitation of disillusioned youth. This finding is especially damning considering that, last week—so this is very recent—the QMI Agency reported that, in the western provinces, most children involved in the sex trade are aboriginal.

This is where parental authority comes into play. I will draw from empirical experience and my personal experience to illustrate what I mean. Having spent most of my life on a native reserve, I think it is important for me to offer some criticism about the laissez-faire attitude within many family units in my home community.

In some cases, youth who are drifting through life do not have model parents. In short, the youth are drifting because their parents are drifting. The lack of parental supervision stemming from the climate of infantilism that can be seen on the reserves paves the way to exposing children to criminal elements. When I talk about the climate of infantilism, I am of course referring to how the parents in the communities distance themselves from the parental role, which is ultimately theirs.

We know that traditionally, in the woods, young people enjoyed a freedom and an independence that allowed them to hunt and provide for the family unit. However, transposing this reasoning and these facts to contemporary realities is dangerous. Nowadays, in the communities, young people are forced to grow up too fast and take care of their younger brothers and sisters. Often the parents revert back to being adolescents themselves and the young people end up having to support the family. Again, this paves the way to criminality.

Accordingly, it is important to distinguish between kidnapping offences involving the father, the mother, the guardian or the person having the lawful care or charge of the child and offences involving third parties. I know that hon. members have emphasized this distinction throughout their speeches. Although some cases might be handled in criminal court, most cases involving people who have parental authority are referred to family court.

We know that matters involving habeas corpus, custody and child support are referred to family court in Quebec. I think cases of kidnapping by a parent should be—and are—dealt with in civil court since the parents ultimately have parental authority over those children. This also includes oversight over custody and all manner of things.

All of this is respectfully submitted.

[Business of Supply, November 17th, 2011]

Madam Speaker, I thank my hon. colleague for her question. These issues are part of everyday life in Washat, whenever I go back. Since it is a 15-hour drive from Ottawa, I cannot return as often as I would like. Problems regarding water resources are still affecting communities near Sept-Îles because of uranium exploration. The same is true on the Lower North Shore. In my region, problems are often related to mining exploration. Personally, I think these issues need to be debated further over the next few years, since the situation is not really improving and I have not seen any proactive measures to fix the situation.