Rob Clarke

[Aboriginal Affairs, February 6th, 2013]

Mr. Speaker, last month, the federal court ruled with respect to Métis and non-status Indians. As the court stated, this decision is not about “the interpretation or application of particular rights either under the Constitution or under specific agreements, nor is it about aboriginal rights”.

In regard to this litigation, could the Minister of Aboriginal Affairs and Northern Development please update the House on the next steps?

[Business of Supply, January 31st, 2013]

Mr. Speaker, I want to talk about the First Nations Land Management Act. I want to ask my colleague a question.

When participating first nation communities get involved in the First Nations Land Management Act, it gets rid of one-third of the Indian Act. Economic opportunities improve in business up to 40% with willing partners and communities on first nations reserves.

I would like to point out some numbers. First nations attracted approximately $53 million in internal investment and close to $100 million in external investment.

Can the Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development please give the House some examples of concrete steps by which the Government of Canada is working with willing first nations to improve economic opportunities in the north and across Canada?

[Taxation, November 29th, 2012]

Mr. Speaker, winter is finally upon us and with it comes many things that Canadians look forward to, things such as ice skating, outdoor hockey, eggnog and holiday treats, to name a few. Constituents of mine will begin to put up Christmas decorations and make plans for one of our favourite times of the year.

I have heard loud and clear that at this time of year they absolutely do not want to see a $21 billion carbon tax from the NDP. This tax would raise the cost on everything Canadians love over the winter months and throughout the holiday season. This sneaky tax scheme will take money directly from the pockets of my hard-working constituents.

Thankfully, Canadians can maintain their peace of mind this holiday season, for our government will continue to keep taxes low so that they can focus on the things that matter most.

[Indian Act Amendment and Replacement Act, November 28th, 2012]

Mr. Speaker, it is an honour to stand here today and close debate on my Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.

As a member of Muskeg Lake First Nations and as a former RCMP officer who spent a large part of my 18 years on the force doing first nations policing, I have seen first-hand the cultural, societal and economic barriers that the Indian Act has built. It is an archaic and colonialist piece of legislation that institutionalizes racism and represses the self-determination of first nations.

The Indian Act is completely contrary to Canadian values and has kept first nations from taking advantage of the same rights and opportunities that have been available to all other Canadians for 136 years.

Clearly, something needs to change. All Canadians recognize the hardship the Indian Act has caused my people and we are all eager for positive, enduring change.

After engaging with many first nations organizations, leaders, band members and other interested stakeholders, I believe we have arrived at an important turning point. My private member's bill is the result of significant open discussion and represents the desire of first nations to be self-reliant and free from the shackles of the Indian Act.

Throughout this engagement process, I have always welcomed feedback on ways the bill could be improved. I recognize that there may be a need for amendments that will clarify certain aspects of the bill and I have indicated that I am open to that.

I look forward to hearing more from grassroots members and leaders of first nations and other interested parties before, during and after committee hearings. Their suggestions and concerns will certainly be valuable to this process and will be taken very seriously.

I have been heartened recently to hear that first nations leadership has acknowledged that the Indian Act and its bureaucracy must go. It is important that first nations take leadership and initiative in order to ensure success.

I am proud that my Bill C-428 has provided the opportunity for a frank discussion and debate, and has led to a recognition of the fact that the Indian Act is a blemish on Canadian society in a way that has never been done before. Until we can provide for its replacement, it hinders first nations' success and prosperity.

I believe that my bill is only the first step in doing away with the Indian Act entirely, and we must continue to focus our efforts on fulfilling that goal. That is why I believe one of the most crucial components of my bill is the Minister of Aboriginal Affairs and Northern Development's duty to report to the aboriginal affairs committee on all work undertaken by his or her department in collaboration with first nations organizations, leaders, band members and other interested parties to develop new legislation to replace the outdated Indian Act.

The introduction of such a process accepts the need for ongoing collaboration between the Crown and first nations. Other parts of the Indian Act, like the subsections on will and estates, and the bylaw publication, emphasize the need to move beyond the Indian Act.

It is hard to believe that, in 2012, first nations reserves must seek permission from the minister to sell their produce and that they are prohibited from doing business with anyone they choose. These paternalistic features stand in the way of first nations independence and perpetuate the paternalism. It is about time that first nations are afforded the same rights and opportunities that all Canadians expect and deserve.

We have a unique opportunity today to fulfill this vision. My bill transcends partisan politics and I urge strong multi-partisan support.

The opposition needs to understand that first nations are as rich in diversity and opinion as all Canadians are. To think otherwise is outdated and out of touch.

Bill C-428 is just the beginning of a long road of empowering first nations people and doing away with paternalistic and offensive policies. I am confident it will spur the necessary change we are all striving.

[First Nations Financial Transparency Act, November 27th, 2012]

Mr. Speaker, as many of speeches here today have underlined, there is no shortage of good reasons to support this legislation. Among the most powerful is the fact that this act will address a glaring deficiency in the way first nations governments operate at the moment. They are currently the only governments in Canada that do not adhere to transparency and accountability legislation.

While many first nations governments have put in place sound accountability practices to ensure transparency, there is no legislated requirement for them to release the information to community members and too many do not. All other jurisdictions across the country have realized the importance of putting financial transparency requirements into legislation. They understand that governments must be accountable in exchange for legitimacy in the eyes of the people they serve and that they must lead by example.

Several of my colleagues have touched on various aspects of provincial and territorial legislation in their presentations today. They have noted that in addition to the demands they make of their own elected officials, most provinces and territories have laws that also require municipalities to make financial documents public.

This highlights an important point. Even though municipalities are governments in their own right, they are required to follow provincial legislation with respect to financial transparency. In many respects, this parallels some aspects of the government-to-government relationship of first nations with the federal government. For this reason, I believe it may be helpful to explore what municipal governments are expected to do, to appreciate just how commonplace and beneficial these financial transparency laws are.

I am convinced this underscores that the provisions in the first nations financial transparency act are not only reasonable but also entirely do-able, as the many municipal governments from coast to coast to coast demonstrate when implementing their own versions of financial accountability legislation. For example, look at what municipalities in Ontario are expected to do when it comes to issuing annual financial statements. Section 294.1 of the Ontario Municipal Act says:

A municipality shall, for each fiscal year, prepare annual financial statements for the municipality in accordance with generally accepted accounting principles for local governments as recommended, from time to time, by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants.

Section 295 stipulates that within 60 days of receiving the audited financial statements of the municipality for the previous years, the municipal treasurer must publish this information in a local newspaper. This includes a copy of the audited financial statements, the notes to the financial statements, the auditor's report and the tax rate information for the current and previous year contained in the financial review.

Manitoba makes similar demands on municipalities under the province's municipal act. Section 183(1) requires a municipality to prepare annual financial statements for the immediately preceding year in accordance with the generally accepted accounting principles for municipal governments recommended by the Canadian Institute of Chartered Accountants. It also demands that any modification of those principles or any supplementary accounting standards or principles be approved by the minister. Furthermore, section 194 of the act requires the municipality to notify the public that the report and the municipality's financial statements are available for inspection by anyone who asks to see them at the municipal office during regular business hours.

In my home province, Saskatchewan's municipal act is even more precise. It demands that on or before June 15 of each year, municipalities prepare financial statements. Again, they must conform with the generally accepted accounting principles for municipal governments recommended by the Canadian Institute of Chartered Accountants. As in Ontario and Manitoba, the municipality also needs to publicize its financial statements, or at least a summary of them, as well as the auditor's report of the financial statements by September 1 of the following fiscal year. In addition, it has to submit its financial statements and the auditor's report on the financial statements to the minister by July 1 of the year following the financial year. Again, anyone in the province is entitled, at any time during regular business hours, to inspect and obtain copies of these documents.

The Province of Alberta's Municipal Government Act is almost a carbon copy of other acts. Like other provinces I have mentioned, it demands that each municipality prepare annual financial statements for the preceding fiscal year. It also stipulates that the statements must be in accordance with the accounting principles for municipal governments recommended by the Canadian Institute of Chartered Accountants, and that any modification to them needs to be established by the minister through regulation. Likewise, each municipality has to make its financial statements, or a summary of them, along with the auditor's report of the financial statements, available to the public. That needs to be done by May 1 following the year for which the financial statements have been prepared. However, Alberta expects even more from municipalities. Their financial statements need to include the municipality's debt limit, including the debt as defined in regulations under section 271 of the act.

Newfoundland and Labrador is another jurisdiction that insists municipalities' financial statements and auditors reports be made available for public inspection during normal business hours. Like the previous provinces I have mentioned, under Newfoundland and Labrador's Municipalities Act, municipalities' financial statements need to be made available for public inspection. The only fees involved are the actual costs to provide a copy.

All of the rules and regulations I have just described apply strictly to municipal governments, essentially the equivalent counterpart of first nations governments in our federation. Then, there are various laws regarding the remuneration and expenses of provincial, territorial and municipal leaders. I will not take the time to describe each jurisdiction's laws in great detail, but here is a sampling. The Government of the Northwest Territories, for example, requires the disclosure of the salaries of elected officials. The Legislative Assembly and Executive Council Act stipulates that the speaker must table a report that sets out in detail the indemnities and allowances paid to members and the expenses incurred by members in the previous fiscal year.

In addition, within two years after the polling day for a general election, the speaker must establish an independent commission and appoint three individuals who are independent, neutral and knowledgeable. Ten months following the independent commission's formation, the independent commissioners review the indemnities and any allowance or reimbursements for expenses payable, or other benefits available to members. They also have to provide a report to the speaker, setting out any recommendations for changes that they determine should be made.

The report needs to be very detailed. It has to break down the total amount of annual salary paid to each member, the total value of additional indemnities paid to each member holding an additional office, and the total dollar value of allowances for expenses as well as any other expenses and allowances. Apart from this report, the Government of the Northwest Territories publishes the salary and benefit allowances for its members on the legislative assembly website.

I could point to almost any province or territory and we would find similar laws or regulations governing officials' compensation. While the wording varies from one jurisdiction to another, they all require that the salaries of elected politicians be published along with any other special allowances that they receive. They also demand that this information be released to the public, whether within the legislature, council chamber, on government websites, in the local media or some combination of these locations.

This is true in Manitoba, Newfoundland and Labrador, Ontario and many other jurisdictions. These governments and the elected officials that lead them recognize both the necessity and the advantages of making information easily accessible to electors. They know it builds trust, inspires confidence and ensures the public understands how public funds are spent.

Most of all, these leaders respect the public has a right to know. They realize they are accountable for their actions. These publicly released financial statements demonstrate that government leaders are not afraid to stand behind their record. First nations leaders stand to enjoy the same benefits once Bill C-27 is passed.

By acknowledging that members of first nations have the same rights to information as all other Canadians and making financial information readily available to them, they can instill confidence among the electorate in their capacity to lead and meet the community's needs.

Making salary and expense information open to scrutiny will send a clear signal that they recognize that band members are the ultimate owners of any business owned by their band. It will formally recognize that local residents have the right to know what the value of those businesses are.

Rather than adding a layer of complexity, as some fear, the legislation may actually lighten the load for first nations officials. Bill C-27 would remove any cloud of uncertainty that currently hangs over some communities. All this bill would do is mirror what other jurisdictions, provinces, territories and municipalities already do without any problems.

I fully understand that it is only human nature to resist change. If we are totally honest, perhaps some of us as parliamentarians initially had second thoughts about the reporting requirements we had adopted at the federal level. However, I am sure we will be able to be the first to say that being open and transparent about what we are paid in the way of salaries and expenses is not onerous. We have proven that it is not difficult to do. It has simply become the way we do business.

I am equally confident that if we were to survey provincial, territorial and municipal politicians who are subject to similar legislation, we would get the same reaction. Even if it took a bit of getting used to, I do not doubt that almost all would agree that being open with the public is not a chore. It is actually a good way to earn the confidence of people.

I also expect that many first nations leaders who already employ these practices—

[First Nations Financial Transparency Act, November 22nd, 2012]

Mr. Speaker, I just listened to the NDP member for Edmonton—Strathcona. This is not about discrimination. I am first nations. I expect a level of transparency and accountability to my band membership from my first nations leaders. Hearing the member across the floor say this insults me as a first nations. I am a Canadian. I want to hear what is being spent, as do my first nations band members.

I have an example here of trying to assist other band members from across Canada. In one place in northern Ontario, an ATIP request was made to the department asking for financial accountability from the leaders. Year after year, these audited reports express serious concerns about the reporting practices of this band. How long does a band have? The auditors state that there are serious deficiencies in the accounting records with respect to expenses, or that the consolidated financial statements do not present fairly the financial position of this band.

Could the minister tell us why it is important for the bill to be time allocated?

[Special Olympics, November 21st, 2012]

Mr. Speaker, I rise today in recognition of Kyle Couture, an amazing special Olympian. Kyle will be competing in ball hockey at the Pyeongchang Special Olympics in 2013.

Kyle Couture has been involved in the Special Olympics for four years, participating in baseball, soccer and floor hockey. He has competed nationally and provincially and has won both gold and silver medals. During the off-season, he spends his spare time competing in track and field or working in the scorekeeper's box at the local hockey arena. Kyle is an avid hockey fan and cheers for the Edmonton Oilers and the Lethbridge Hurricanes.

His goal in Pyeongchang is to win gold on behalf of Canada. On behalf of Desnethé—Missinippi—Churchill River, I wish him the greatest success and know he will do proud for Canada.

[Veterans Affairs, November 8th, 2012]

Mr. Speaker, Remembrance Day is a time for all Canadians to remember the sacrifices of Canada's fallen. As parliamentarians, we are privileged to stand in the House regardless of political differences and represent the very democracy of Canada's veterans who fought and gave their lives for us.

Would the Minister of Veterans Affairs comment on the importance of recognizing the services and sacrifices of Canada's veterans?

[Natural Resources, November 6th, 2012]

Mr. Speaker, the natural resource sector is responsible for nearly 20% of Canada's economy and over one million Canadian jobs. It is the backbone of communities across Canada that rely on a strong natural resource sector for their livelihood. On the other hand, the NDP would rather throw out these jobs with its $21 billion carbon tax.

Could the minister update the House on the importance of natural resource jobs?

[First Nations, October 22nd, 2012]

Mr. Speaker, this is the same paternalistic approach that the opposition always takes regarding first nations, that we are not good enough to be able to present speeches in the House of Commons.

The government and first nations continue on a path to repeal and replace the Indian Act in its entirety. A yearly report by the aboriginal affairs minister on the progress made in this regard will be invaluable in gauging the development of new legislation to replace the Indian Act. It will establish a collaborative approach to work our way out of the Indian Act in a manner consistent with a renewed relationship between first nations and the Crown.

The government, under the leadership of our Prime Minister, has made significant strides toward improving the health and well-being of our first nation communities in collaboration with first nations.

I am very excited about the prospect of working with first nations to create a more contemporary and beneficial piece of legislation to replace the Indian Act. As I stated Thursday, this is not a partisan effort. I am bringing forward the bill as a proud representative of my riding, as a proud first nations man and a proud Canadian who wants to see a better life for all first nations and all Canadians.

I urge my colleagues to oppose this motion and support my bill. The motion does nothing to improve the lives of first nations, while my bill would take incremental and concrete steps that would pave the way for first nations people to get out of the Indian Act entirely.