LaVar Payne

[Fairness at the Pumps Act, May 10th, 2010]

Madam Speaker, I have been listening quite intently to the blustering of the hon. member from the NDP party. It is quite amazing some of the things the NDP party members try to purport as facts, such as the HST. I do not know if they really understand that it is up to the province to decide whether in fact it wants to bring in the HST.

Those members did not support our budgets which meant that they did not support any of the activities and the building Canada projects which would have been in their own ridings. I am wondering why they try to confuse the issue with non-facts.

In terms of protection of consumers in Canada, in fact it was the Liberal Party and the Senate that blocked Bill C-6 which would have afforded Canadians protection with respect to dangerous products in Canada.

Why have the NDP members been fighting our budget, fighting their own constituents? Why do they not want to have projects done in their own backyard?

[Canadian Forces Superannuation Act, May 3rd, 2010]

It is not a clawback.

[Bill C-3--Gender Equity in Indian Registration Act, April 27th, 2010]

Mr. Speaker, it is important that we get this bill passed. As my colleague said, a number of individuals who would be eligible at this point in time have been identified. As an estimate, about 45,000 people would be eligible for registration under the Indian Act.

If we do not put this process and this bill in place, these people will not be eligible. In particular, there will be no new registrations allowed in the province of British Columbia. It is an important process that we are following to get the bill passed.

Second, it is important to note that, in the exploratory process that we talked about, a number of first nations organizations were involved in the early part of it and will continue to be involved in the exploratory process to talk about the various items of registration and citizenship. It is important that we continue on with that process because it allows individuals an opportunity to get these various questions out there in terms of registration, citizenship and belonging to first nations.

[Bill C-3--Gender Equity in Indian Registration Act, April 27th, 2010]

Mr. Speaker, as I am sure most members are aware, in April 2009, the Court of Appeal in British Columbia ruled on the McIvor case, McIvor v. Canada, and certain registration provisions under the Indian Act were unconstitutional and violated equality provisions of the Canadian Charter of Human Rights. The court suspended the declaration for 12 months to April 6, 2010 to give Parliament time to pass this act. In fact, the court extended it further to July 5.

As part of our process, we are trying to ensure that we meet the requirements of the B.C. Court of Appeal to continue on with our process to ensure that those who have been discriminated against will no longer be discriminated against under the new provision under Bill C-3.

[Bill C-3--Gender Equity in Indian Registration Act, April 27th, 2010]

Mr. Speaker, this Bill C-3 is a very important bill for the first nations people of British Columbia. In fact it will allow eligible grandchildren of women who have lost status, as a result of marrying non-Indian men, to be entitled to registration of Indian status in accordance with the gender act.

This is a really important process that we need to go through. We need to make sure we reach that decision prior to the court's extension date of July 5 of this year. We have also engaged in a process where all first nations people will be able to come and discuss these issues over the next period of time, so we can get their input on registration and citizenship.

[Bill C-3--Gender Equity in Indian Registration Act, April 27th, 2010]

Mr. Speaker, I would like to point out to the hon. members in the House that in fact our government has gone a long way in trying to promote equality against gender discrimination.

In budget 2009 and budget 2010, we have brought forward hundreds of millions of dollars that will help people right across this country, including the aboriginal and first nations people.

Therefore, I would like to suggest that our government has moved forward to try to bring some resolution to this court challenge and order by the B.C. Court of Appeal. Bill C-3 in fact does that. I believe this will help end discrimination. If we do not do this, that will make sure the first nations and aboriginal people in B.C. will not be able to register anyone else.

[Bill C-3--Gender Equity in Indian Registration Act, April 27th, 2010]

Mr. Speaker, I will be splitting my time.

I will speak against the motion of the hon. member for Nanaimo—Cowichan. Bill C-3, the gender equality IN Indian registration Act, proposes to end a cause of gender discrimination in certain registration provisions of the Indian Act. I believe it is essential to note that the central objective of this bill is ultimately one of gender equality.

At issue are some of the rules that govern registration as an Indian, which is often referred to as Indian status, specifically, what criteria the Government of Canada should use to determine who can be registered as an Indian. Today, of course, the term Indian is rarely used to refer to an individual, although terms, such as status Indian and Indian register, remain important legal concepts.

To use the word today is by no means intended to be derogatory or disrespectful. My intent here is to summarize the complex issues. This bill directly responds to a decision rendered last year by the Court of Appeal for British Columbia. The court ruled that two paragraphs in section 6 of the Indian Act are contrary to the Canadian Charter of Rights and Freedoms.

The court suspended the effect of the decision until July 5 of this year so that Parliament could take action to resolve the issue. The solution proposed in Bill C-3 is to amend the Indian Act to remove the discrimination between male and female lines that the court ruled is discriminatory.

However, if no legislative solution is in place by this date, no new registrations in the province of British Columbia can be made for the duration and validity of those provisions.

We must also bear in mind that gender discrimination in the current version of the Indian Act has a negative impact, not only on first nations peoples but on all Canadians.

I am reminded of what Her Excellency the Governor General, the Right Hon. Michaëlle Jean, said in the 2008 Speech from the Throne. She said:

Canada is built on a promise of opportunity, the chance to work hard, raise a family and make a better life. Today, it is more important than ever to deliver on this promise, and ensure that all Canadians share in the promise of this land, regardless of cultural background, gender, age, disability or official language. This Government will break down barriers that prevent Canadians from reaching their potential.

When the B.C. Court of Appeal handed down its ruling, the Government of Canada reviewed and analyzed it thoroughly. In June of last year, the Minister of Indian Affairs and Northern Development announced that the federal government would not appeal the ruling and that it would proceed with amendments to the Indian Act as ordered by the court. In August, the minister announced the federal government's engagement plan to provide information and seek input on a legislative solution.

In the same month, the engagement process got under way with the publication and distribution of a discussion paper. The discussion paper provided an overview of the issues at play, described a previous effort to amend the Indian Act to remove discriminatory provisions and outlined the Government of Canada's proposed legislative solution. The engagement process enabled interested parties to provide feedback on the proposed legislative approach, including submitting written comments to Indian and Northern Affairs Canada or by attending one of the engagement sessions held last fall throughout Canada.

The discussion paper was designed to focus and inform the engagement process. Department officials also provided technical briefings to officials of five national aboriginal organizations: the Assembly of First Nations, the Congress of Aboriginal Peoples, the Native Women's Association of Canada, the National Association of Friendship Centres and the Métis National Council.

The engagement sessions were held from early September through early November. National aboriginal organizations co-sponsored three of the sessions and department officials worked with regional aboriginal organizations to conduct another 12 sessions. Overall, a total of approximately 900 people participated in the engagement sessions held across Canada and more than 150 submissions were received by mid-November.

The process generated a great deal of discussion and a wide range of views and opinions were expressed. Concerns raised most often related to the potential financial implications for first nations and possible impact on treaty rights. In addition, many people expressed concerns about broader issues associated with Indian Act rules regarding registration, membership and citizenship.

During these engagement sessions, while many people expressed support for actions intended to eliminate gender discrimination in the Indian Act, many also called for much larger reforms.

As the Minister of Indian Affairs and Northern Development has made clear, however, Bill C-3 responds directly to the court's ruling by proposing amendments to certain registration provisions in the Indian Act. As the minister has announced, a separate exploratory process is being put in place with the involvement of first nations and aboriginal organizations to examine the broader issues raised during the engagement process.

Over the next few months the government will be collaborating with first nations and other aboriginal organizations in setting up this exploratory process as a separate and distinct process to the legislation on the broader issues associated with registration, membership and citizenship as was requested during the engagement process. Specifically, this will be done in partnership with the Assembly of First Nations, the Native Women's Association of Canada, the Congress of Aboriginal Peoples, the Métis National Council and the National Association of Friendship Centres.

All organizations, along with the Government of Canada, are willing to work together on a process designed to gather the views of individuals, communities and leaders.

Bill C-3 complements the partnership approach adopted by the Government of Canada on many issues that affect the lives of aboriginal peoples. Proposed legislation, along with the exploratory process, strengthens the relationship between Canada and aboriginal peoples.

I move:

That the debate be now adjourned.

[Taxation, April 14th, 2010]

Mr. Speaker, one year ago today the Liberal leader lifted the veil on his high tax plans. On April 14, 2009, the Liberal leader said, “We will have to raise taxes”. Whether it is a GST hike, talking up carbon taxes or proposing job-killing business taxes, the Liberal leader just cannot stop talking about raising taxes.

Could the Minister of Transport tell the House how the Liberal leader's high tax proposals differ from that of our Conservative government?

[Jobs and Economic Growth Act, April 12th, 2010]

Mr. Speaker, I would like to take a moment to remind the hon. member that these high deficits and debts actually started with the former prime minister, Pierre Elliott Trudeau. The current leader of that party says that he is cut from the same cloth. He is a tax and spend Liberal. In fact, the Liberal Party dumped $25 billion in costs on the provinces to reduce the deficit.

Will the hon. member support our 2010 budget in which we will not dump these costs on the provinces and municipalities?

[Aboriginal Healing Foundation, March 30th, 2010]

Mr. Speaker, I certainly am impressed with my colleague across the way with his ranting and raving and his declaration that Health Canada does not seem to be able to provide service to Canadians of all aspects.

I would also like to point out that this agreement was signed by first nations. It was a five year agreement so we are not actually cutting funds. We are actually adding additional funds in the 2010 budget and another $199 million to help this. Part of that money will go to Health Canada to help aboriginal peoples through this process, and I--