Rob Clarke

[First Nations, October 22nd, 2012]

Mr. Speaker, I am pleased to speak today against the motion brought forward by the member for Toronto Centre. This motion is nothing more than an empty promise that contains nothing concrete or deliverable for first nations people. I am convinced that anyone who examines this motion closely will arrive at the same conclusion.

The first part of the motion before the House today states:

That, in the opinion of the House, the Indian Act is the embodiment of failed colonial and paternalistic policies which have denied First Nations their rights, fair share in resources; fostered mistrust and created systemic barriers to the self-determination and success of First Nations....

It is for those exact reasons I introduced Bill C-428, the Indian Act amendment and replacement act. The preamble to my private member's bill acknowledges the following important points:

...the Indian Act is an outdated colonial statute, the application of which results in the people of Canada’s First Nations being subjected to differential treatment;

...the Indian Act does not provide an adequate legislative framework for the development of self-sufficient and prosperous First Nations’ communities;

...the Government of Canada is committed to the development of new legislation to replace the Indian Act that better reflects the modern relationship between it and the people of Canada’s First Nations;

...the Government of Canada is committed to continuing its work in exploring creative options for the development of this new legislation in collaboration with the First Nations organizations that have demonstrated an interest in this work;

The preamble in my private member's bill would more than adequately accomplish what the member for Toronto Centre is trying to say in the first part of his motion, though my bill would go much further to actually take concrete action for first nations people.

The second part of the motion calls on the government to eliminate these barriers by initiating “a formal process of direct engagement with First Nations...on a nation-to-nation basis, which focuses on replacing the Indian Act with new agreements...and that this process be completed within two years before reporting with a series of concrete deliverables for the government to act upon”.

The Liberals had 13 years to begin such a process but they did not get it done. First nations people do not need more talk about failed colonial paternalistic policies. They need concrete actions. First nations should not have to wait another two years before the government starts a process that would enable the first nations to get out of the Indian Act. I believe the time is now to start correcting the injustices that have been done to my people and begin equipping them with the tools to get out from underneath the colonial and paternalistic legislation that is holding my people back from achieving their full potential and becoming full participants in Canada's economy.

I had the pleasure of opening my debate on my private member's bill this past Thursday. The goal of my bill is to: eliminate the minister's role in the administration of estates and the approval and voiding of wills; remove the minister's bylaws disallowance powers and, in doing so, hand over greater control and accountability to first nations; remove outdated and archaic provisions of the Indian Act, such as the requirement for permission to sell produce; repeal all references to residential schools; and, most important, require the Minister of Aboriginal Affairs and Northern Development to report annually to the parliamentary committee on action taken in partnership with first nations and other interested parties to develop new legislation to replace the Indian Act.

Anyone can see that this is not an attempt to completely overhaul the Indian Act. Rather, these amendments would bring about concrete, practical changes that would lead to real results for first nations people and enable them to achieve greater self-sufficiency and prosperity. I also emphasize that this is not an attempt to unilaterally impose changes to the Indian Act on first nations people. Rather, it would provide for greater communication and collaboration in a way that is respectful and modern as we work together toward our shared objective of healthier, more self-sufficient first nations communities.

As members know, a private member of the House of Commons has limited resources to conduct extensive consultation. However, I have made significant efforts to consult with first nations on this bill.

My riding has 23 first nation communities and the second largest first nation population in Canada. I have also spoken to chiefs, tribal councils and grassroots members over the past four and a half years about the importance of moving forward with the scrutiny of the Indian Act. I have served in the House, written all 636 first nation communities on four separate occasions and spoken in a number of public forums on the substance of my bill. I have also encouraged and invited feedback from first nation chiefs, members and other interested parties on the bill, including through my website and direct communication with my constituents.

I am also looking forward to the study of my bill in committee, which will provide yet another venue to hear first-hand from first nations and other interested parties on the content of the bill.

As we can see, I have not arrived at the current set of changes in the bill on my own, but rather through consultation with other first nation members within my own constituency as well as around the country. One important point is that I have revised my bill four times based on feedback that first nations have provided to me. In fact, I am also open to amendments that may come forward through this important dialogue.

It is my hope that one day the changes proposed in my private member's bill will help lead us closer to a more modern, respectful relationship between the federal government and first nations, and will continue—

[First Nations, October 22nd, 2012]

Mr. Speaker, I was proud to open the first hour of debate on my private member's bill last Thursday, which proposes amendments to the Indian Act that would take concrete steps to help first nations escape from the shackles of this outdated, colonial and archaic act. My bill would provide greater autonomy for first nations people and lessen the role of the federal government's involvement in the day-to-day lives of first nations citizens. It would give back key decisions and powers to the first nations people and would repeal provisions that allow for the establishing of residential schools.

Why is the hon. member opposed to repealing sections of the act that would prevent residential schools from being established or that would hand over more power to first nations people?

[Indian Act Amendment and Replacement Act, October 18th, 2012]

You used the first nations for your own benefit.

[Indian Act Amendment and Replacement Act, October 18th, 2012]

Mr. Speaker, I recall the Prime Minister standing up at the first nations gathering in the January of this year. However, we also heard first nations come forward and ask government to remove the barriers or handcuffs of the Indian Act.

What I have heard in years past from the Liberal Party are all of these false promises. We have heard the Kelowna accord. We heard Robert Nault stand up to introduce a government bill to get rid of the Indian Act. We have heard about the white paper.

The Liberal members are over there squawking and a little upset because they did not get it done over 13 years. They had 13 years during which they introduced the Kelowna accord and the implementation act, but they did not get it done. They had the opportunity.

In talking to my colleague here on the consultation process, our government is working hard in consultation towards a new modern relationship to address the needs and crisis that is facing first nations today.

[Indian Act Amendment and Replacement Act, October 18th, 2012]

Mr. Speaker, I have 23 first nations in my constituency. One of them is Pelican Lake First Nation. That is a start.

First of all, I am a first nations person. There are 633 first nations across Canada and in the process all 633, on four separate occasions, have received communications from me, asking for their input and their recommendations to amend my act if they saw anything that they would like to improve.

I stand here in bewilderment of the parliamentary process, of my being a first nations person and not being given the opportunity to bring a bill forward as a first nations person in the House of Commons, as every other member in the House has that right.

First nation leaders also have a responsibility to consult with their membership and make decisions. On many occasions, as a first nations leader, I am not consulted.

To reply, many first nations chiefs are afraid to come forward right now in fear of reprisal. They also have to face elections in the near future. It is a peer-pressure system that the Indian Act has created.

[Indian Act Amendment and Replacement Act, October 18th, 2012]

moved that Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement, be read the second time and referred to a committee.

Mr. Speaker, it is with great pleasure today that I open the debate on my private member's bill, Bill C-428, Indian Act Amendment and Replacement Act. I am proud to be first nations and as a former member of the RCMP for over 18 years, just as proud to have achieved the rank of sergeant. During that time I was in charge of two detachments. All of my service involved policing on and off first nation reserves.

In 2008, I was elected to represent Desnethé—Missinippi—Churchill River, a constituency containing over 23 first nation communities and the second largest first nation population in Canada.

Having had to enforce the Indian Act across Saskatchewan, I am keenly aware of the challenges posed by the outdated, racist, colonial statute referred to as the Indian Act. The problems created by this archaic piece of legislation are far-reaching, extending to every aspect of the lives of every first nations person and the root cause of the Attawapiskats of our country.

During the Assembly of First Nations election speeches in July of this year, all the candidates stated that the Indian Act must go. Clearly, everyone agrees that changes must be made to the Indian Act in order to start a process of consultation, in order to start a dialogue and in order to amend the Indian Act. I hope in my lifetime to see the complete repeal of the Indian Act and see it replaced by a more modern set of laws that reflect today's values, but also respect the past.

I hope one day the amendments proposed in my private member's bill will help lead us to build a more modern, respectful relationship between federal government and first nations, and finally kick-start this larger process to repeal and replace the entire Indian Act. These amendments to the Indian Act can be an important stepping stone on the path of achieving self-sufficiency and prosperity in first nation communities. The acronym for this path would be ARRC: amend, repeal, replace, and most importantly, consult.

The bill would amend the bylaw section of the act; repeal and replace several outdated, unused and patronizing sections of the act; and create a process that would enable collaborative consultation with first nations. The goal is to replace the Indian Act with laws which would both describe and enshrine a more respectful and modern relationship between first nations and the Crown.

I would like to expand on the content of Bill C-428. The bill would enable first nations and band councils to publish their own bylaws without having to seek the permission of the Aboriginal Affairs or the signature of the minister. Empowering first nation communities to take control of their lives and the environment in which they live is a crucial step toward autonomy and self-reliance.

Under this amendment, a band would also be required to publish bylaws created by their council on one of a variety of forms of media, such as the band website, the First Nations Gazette, or in local newspapers or newsletters that have general circulation in their first nation communities and to their band membership.

By making plain the bylaws of each first nation, we create greater transparency and accountability for first nation residents and for those enforcing the bylaws. This will take the minister out of the equation and put the responsibility for the bylaws squarely where it belongs: with the band council and band members. It will provide first nations with the same rights and responsibilities that rural and urban municipalities have today.

I would like to stop here for a moment and talk about the everyday challenges that are faced by first nation governments. We are all aware of the crisis of alcohol, drug and solvent abuse that has led to the high rate of suicide in many of these first nation communities. It is with this in mind that I want to see first nations able to act on these problems expediently and to create legislation that would reflect their culture and communal standards without having to seek the permission of the minister to act.

The bill would replace section 85.1, which prohibits the sale of alcohol on first nations land and will place that option back into the hands of the band council. In fact, the decision to allow the sale of alcohol on reserve has been in the hands of some bands for some time, but the Indian Act is not up-to-date with the current policy.

First nations people also do not have the same rights as other Canadians in regard to wills and estates. The Indian Act gives extraordinary powers to the Minister of Aboriginal Affairs and Northern Development, including the ability to appoint executors of wills for first nations people and to appoint administrators.

What most Canadians and first nations do not know is that the minister also holds the ability to declare the will of a first nations person not valid. No will pertaining to a first nations resident is valid unless approved by the minister as dictated by the Indian Act. I call this a paternalistic approach. This does not belong in a free and democratic society. My bill would repeal the sections of the Indian Act that grant the minister these exceptional powers in the administration of the wills of all first nations residents.

Bill C-428 would also remove impediments to trade in the form of the repeal of section 92, which restricts certain members of society from engaging in trade with first nations individuals.

It is important to note that the bill would at last remove the archaic educational element of the Indian Act, which led to the formation of residential schools, and remove the term “residential school” from the act.

I am proud of the accomplishments of this government in regard to recognizing the tragedy of and apologizing for residential schools. I am proud as a first nations man, whose grandparents attended residential schools in Duck Lake, Saskatchewan, to be privileged to be a member of the House of Commons and to repeal this particularly shameful section and wording of the Indian Act. I fear that having this remain in the Indian Act will enable future governments to create residential schools on first nations reserves.

I am proud that our Prime Minister has apologized for the travesty of the residential schools, for the pain and destruction they brought to all first nations and for the shame they have brought to Canada.

I sat only two seats from the Prime Minister as he delivered this apology and personally witnessed the emotion with which he delivered the speech. The Prime Minister deservedly received praise not only for the sentiment of the statement but also for the eloquence and sincerity with which he expressed his remarks.

However, for me the most important part of the bill is the mandate that would be given to the Minister of Aboriginal Affairs to report annually on the progress being made toward the repeal and replacement of the Indian Act. This report would be specifically on the collaborative work being done by first nations and the Crown to get out of the Indian Act. This section of my bill requires a collaborative consultation process between first nations and the Minister of Aboriginal Affairs specifically on the Indian Act. A report must be published to the House of Commons committee on aboriginal affairs by January 31 of each year. This will ensure that first nations can hold the government accountable for moving forward toward the complete removal of the Indian Act in a meaningful and respectful way.

It should be clear to all that the substance of the bill provides no cause for alarm among first nations people. Nor is there any cause for false alarms to be raised by first nation leaders.

I have arrived at the current set of changes through consultation with other first nation members within my constituency as well as around the country. I have had four drafts in the past and I am open to the amendments that may come forward through this important dialogue.

There is no larger agenda at play. The repeal of sections of the Indian Act represent a step toward a modernized relationship between our government and the first nations of Canada, nothing more. It is plain for all to see that there is no suggestion that the Indian Act be repealed in its entirety with nothing left in its stead. Rather, my bill simply seeks to remove outdated concepts and language from the existing act.

I hope that individuals will be inspired to reflect upon and review the Indian Act and my private member's bill in this light. It is my hope that this debate will start a larger process to look at outdated language in the act.

When I started this journey four and a half years ago, I hoped this bill would open a discussion and meaningful dialogue and debate. I hoped that with the passage of this bill we could look forward to a better relationship and a true partnership between first nations and all Canadians, and I mean all Canadians.

Today as I stand here, I feel strong emotions about what I am doing. This is not a partisan effort. I am doing this as a proud Canadian who has served my country and also as a first nations man who wants to see a better life for first nations and all Canadians.

I am hoping that the opposition will support this bill because it is not a partisan issue. I encourage all members of the House to support my bill to modernize this outdated and colonial paternalistic legislation called the Indian Act.

[Aboriginal Affairs, October 18th, 2012]

Mr. Speaker, today, my private member's bill on the Indian Act will be debated for the very first time. It has evolved through four drafts based on my discussions with first nations people from across Canada. My bill reflects their desire for real change. It would ensure that bylaws are made accessible to band members by first nations governments. It would remove all references to residential schools. Finally, it would create a process to review and consult with first nations on the way forward toward repeal and replacement of the Indian Act.

Will the government support my bill and contribute to unlocking the potential of Canada's first nations people?

[London Paralympic Games, September 27th, 2012]

Mr. Speaker, I rise today to honour an incredible person, entrepreneur and athlete, Mr. Robert Hudson.

Robert was involved in a tragic snowmobile accident that left him a paraplegic. He decided to utilize his passion for archery and began training competitively three hours a day to compete in the Paralympics. He is now a medal winning champion and ranked fifteenth in the world.

Robert has competed in multiple world championships, including: Italy in 2005 and 2011, Korea in 2007, the Czech Republic in 2009, the Pan American Games in 2011 and most recently the Paralympics in London in 2012.

Outside of competing, he owns a mechanical shop, is involved in the local archery club, and enjoys hunting and especially spending time with his son.

Robert demonstrates dedication and perseverance in his pursuits. I am personally humbled by the dedication that Robert displays and the passion he has in representing his country.

On behalf of Canada and Desnethé—Missinippi—Churchill River, I wish him the greatest success in his future endeavours.

[Faster Removal of Foreign Criminals Act, September 24th, 2012]

Mr. Speaker, having served in the RCMP for over 18 years, I know the challenges the RCMP and any police force face in serving and protecting Canadians, especially in the streets, against the day-to-day activities of criminals.

I am going to ask a very simple question. I hope my colleague from across the floor can answer it. We have heard that the Canadian Association of Chiefs of Police, the Canadian Police Association and Victims of Violence are among many organizations that support Bill C-43.

I am going to ask the hon. member a very clear and simple question. Yes or no, does the hon. member and her party support the views of these organizations on this bill?

[Enhancing Royal Canadian Mounted Police Accountability Act, September 17th, 2012]

Mr. Speaker, having served in the RCMP for more than 18 years, getting to the rank of sergeant, I faced a lot of the challenges that the bill deals with on RCMP accountability.

When individuals first join the RCMP they learn the esprit de corps, maintain the right. It is entrenched in each member to serve their communities. When serving across Canada members always uphold different accountability.

I have met with many detachment leaders. I had a conversation yesterday with one member who is in charge of her own detachment.

What we see taking place is a lack of accountability. Members going through the process are not being held accountable for their actions while on or off duty. I am curious if the minister could perhaps elaborate further. While going across Canada, what type of consultation process did the minister do over the summer?