Mr. Speaker, in reading the Reform motion before us today, the first thing that struck me in reading it was that the Reform Party is pursuing the exact same agenda as the B.C. Liberals.
What is that agenda? It is an agenda about dividing people. It is an agenda about creating fear and uncertainty. It is an agenda that actually sabotages the progress that is being made in bringing about an historic agreement with the Nisga'a people. It is an agenda that creates red herrings and smoke screens.
Let us be very clear. The Reform Party does not want clarification of this treaty by the supreme court. Reformers have the same access to legal opinions as any other member or political party. They do not want clarification. They want to destroy the democratic process that has been in place, to bring about a 111-year struggle, to finally have a modern day treaty with the Nisga'a people.
If Reform members are surprised by the strong response which all members of this House, other than themselves, have to this motion, it is not just because of the motion that is before us today, as my NDP colleague pointed out earlier, it is because day after day, week after week, month after month we have heard members of the Reform Party stand in this House and in public to undermine, attack and reinforce any negative examples they can find.
Is there any doubt that we would come to the conclusion that they have a political agenda? It is not about clarification or doing the right thing, but about undermining a democratic process and creating fear among people. I find that appalling. I have watched it in B.C. with the B.C. Liberals and now we are seeing it with the Reform Party, whose agenda is identical.
We are told that this is about clarification of legal questions, a very thoughtful approach. There are ample legal opinions available which tell us that section 35 of the constitution states that the treaty rights of aboriginal people have to be respected. We know that section 35 covers previous treaties and we know that it has provision and room to cover treaties in the future. It is very clear that the Nisga'a treaty is not something that constitutes a constitutional amendment. Legal opinions, including that of the dean of Osgoode Hall and many others, have very clearly outlined this, and the Reform Party knows this full well.
It is interesting to note the following in today's debate in looking at other positions the Reform Party has taken. Why is it that in this particular instance Reformers want to go to the supreme court, but in other instances, for example the child pornography issue, they were jumping up and down, saying that we could not go to the supreme court, that it was the powers of parliament and the action of parliament that counted? All of a sudden we have a double standard.
Why is it that members of the Reform Party challenge this, a domestic treaty which is clearly within the context and the legal confines of our constitution, the charter of rights and all of our laws, but when we have international treaties like the MAI or NAFTA, which do constitute a massive transfer of power from democratically elected governments to multinational corporations, there is silence? There is not a word. They are out there campaigning and upholding that kind of direction. It is no wonder there is a very strong response to this motion. This is an issue of credibility on which the Reform Party has no leg to stand on.
I listened to the debate earlier today and I heard the member for Skeena say that the charter of rights of Nisga'a people have been put in peril. I thought, what does that mean?
First, the member never spelled it out, so I do not know what he meant, but I thought it was quite a patronizing comment. We have the Nisga'a people who, through their duly elected representatives, have been full partners in a democratic process to bring together this treaty and we have a Reform Party member saying that it is the charter of rights of the Nisga'a people themselves that is in peril.
I think the hypocrisy and the patronizing attitude that has come forward from the Reform Party after so many months and years of campaigning against rights and self-government for aboriginal people is really something that is quite appalling.
Let us be very clear. The Nisga'a treaty does not create new constitutional rights for the Nisga'a or anyone else. No one's rights are affected. I would challenge the Reform Party to dispute that.
What will this treaty do? For the very first time important provincial laws will now apply to people who used to be exempt from them because they were governed by the federal Indian Act. This treaty does not create a racially based order of government. On the contrary, it moves us away from what has been a very dependent relationship.
The treaty provides powers within the constitution similar to the powers that a municipality may have. It is very clear that Nisga'a laws must conform to the charter of rights and freedoms and to federal and provincial standards.
Contrary again to what members of the Reform Party and the B.C. Liberals have been saying, non-Nisga'a who own land on Nisga'a territory will pay property taxes to the province and the Nisga'a can only tax their own people living on Nisga'a lands. The Nisga'a will pay federal and provincial income taxes and sales taxes. Let us get the record straight.
We also see in the motion that there is a reference made to labour standards and that somehow these are undermined. I thought that was a curious thing to be coming from the Reform Party. I did a little research. I have a letter from the B.C. Federation of Labour, dated April 21, 1999, from the then president, Kenneth Georgetti, who stated:
The Labour movement in B.C. endorses wholeheartedly the provisions respecting labour relations in the Nisga'a Agreement. All labour rights under federal and provincial law are maintained. This means that trade unions will continue to be able to organize on treaty settlement land.
More than that, D.C. Haggard, President of I.W.A Canada, stated:
Members of Parliament, and the general public, should be aware that the B.C. Federation of Labour met frequently with the Nisga'a during the period of intense negotiations. I attended many of those meetings.
He went on to state:
Since the laws and precedents under which those tribunals will make decisions remain unchanged, the B.C. labour movement, and I.W.A. Canada in particular, support those provisions and the proposed Treaty.
That comes from the labour movement itself.
We have to be very clear about this motion today. It is members of the Reform Party and the B.C. Liberals who are in cahoots on this, and on many other things I might add. If they get their way, what would happen? This is what we would have if we followed their agenda. We would have more economic uncertainty. We would be leaving land claim costs unresolved that amount to billions of dollars in investment and development. We would also have a situation where important land claims issues would be settled by the courts, with all kinds of wrangling, instead of through democratic, open, above-board negotiations where third party interests are recognized and where public hearings are held.
Again I refer to what Reform members said earlier today, that no one bothered to listen, that there was no consultation. They have to be joking. They should look at the record in B.C. There were thousands of public hearings, there was public debate, and committees of the legislature travelled around the province.
Let us be very clear. The Reform Party knows full well that the Nisga'a agreement is not a constitutional amendment. I urge the House to soundly reject this motion. Let us move forward on human rights, on reconciliation with first nations people and on settling land claims through goodwill, through negotiation; not through court battles, not through roadblocks. Let us move forward and let us reject this motion.