Mr. Speaker, I am clearly pleased to rise to speak to Bill C-15 today. This bill gives the Government of the Northwest Territories more powers and makes other changes, which I will speak to later.
I am also pleased to bring a different viewpoint to the debate, one that we rarely have in the House, and that is the viewpoint of an aboriginal person who has negotiated agreements with the federal and provincial governments on behalf of his people.
When I read the bill, I could not help but look at it in the context of the work I did for the Cree of Eeyou Istchee and the people of northern Quebec.
The people of the Northwest Territories have been working for years toward gaining more province-like powers to have greater control over their own communities, their own resources, and their own destinies. This is very similar to what we did in northern Quebec, going back to the signing of the James Bay and Northern Quebec Agreement in 1975 and the Paix de Braves, and to the new regional governance agreement we signed not too long ago, which has created a new regional government that will be fully operational next month.
In these agreements, we worked with our neighbours and various levels of government to find common ground to protect our rights and interests and to create a common path forward. This is very difficult work that is full of complexities, but when done right, it creates a stable, prosperous environment that benefits everyone.
In the NDP, we talk a lot about restoring the relationship of equality between the Government of Canada and our country's aboriginal people from coast to coast to coast. The approach we took in northern Quebec has proven to be a success story for all involved. Everyone feels respected in that kind of environment.
That is what I had in mind when I read the government's bill. However, I have to say that although it proposes some worthwhile measures and is a step in the right direction, we do not feel that it goes far enough, unfortunately. An NDP government would have done more and would have given more power to the Government of the Northwest Territories.
The bill, as proposed, would make some changes that are of concern to the people of the region. In drafting this bill, the Conservatives seem to have completely ignored the strong concerns first nations have about the changes to the Mackenzie Valley Resource Management Act, which is also very disturbing. This will be the focus of my comments today.
This bill includes amendments to the Mackenzie Valley Resource Management Act that would replace the current structure of regional land and water boards, created through the land claims final agreement with Northwest Territory aboriginal governments, with a single board. The Government of the Northwest Territories has also expressed concern about these changes.
In May 2011, Michael Miltenberger, NWT environment minister, said, “this process is driven by the federal government. They've, for the most part, treated the [Government of the Northwest Territories] as just another stakeholder”.
I would have thought that a territorial government, just like a provincial government or an aboriginal government, would be a partner, not just a stakeholder. We have seen before how the current Conservative government treats its partners in Confederation. When it starts from the point of not seeing or treating its partners as true partners, bad things flow, and a lasting agreement cannot be reached. Believe me, I speak from experience.
The Gwich'in Tribal Council and the Tlicho government, both signatories to the devolution agreement, have voiced opposition to these changes to the Mackenzie Valley Resource Management Act. Other individual first nations have also expressed their opposition.
As someone who has spent most of his professional career negotiating on behalf of my people, it is very concerning for me to see the government unilaterally merge these regional land and water boards.
These boards were created through land claims final agreements with the Northwest Territories and aboriginal governments after years of negotiations done in good faith. These boards have served the regions and peoples well. It is deeply troubling for me to see the government unilaterally undo what years of partnership and goodwill has built to the detriment of the region. If the Government of Canada tried to unilaterally undo part of the James Bay and Northern Quebec agreement, I would be strongly oppose and fight against it. Therefore, I will not expect other aboriginal nations to accept such an intrusion on their agreements and rights by the federal government.
Recently, Robert Alexie Jr., president of the Gwich'in Tribal Council, commented on its opposition to these changes. He was quoted saying, “We have a land use plan. We have the land and water board. We have a claim. People know the process, and it works very well up here”.
In October 2011, Gabrielle Mackenzie-Scott of the Tlicho government was quoted saying, “Our key message to AANDC is that there is nothing wrong with the system, and it needs time to grow and improve”.
I am sure the minister has many reasons why he believes these two leaders are wrong. However, from where I sit, it feels like the government has again not properly consulted those directly affected by these changes and are thumbing its nose at agreements the Crown has signed in good faith.
If the government insists on continuing with its failed approach in this case, I feel safe in saying that it will just invite another lawsuit against itself and add to the hundreds of millions it has spent in courts defending its indefensible approach. This is a waste of money that could be avoided by simply working with all partners, territorial and aboriginal governments alike, and negotiating.
To make matters worse, these amendments would also give the federal minister power over the approval of all land and water usage in the Northwest Territories, essentially circumventing the powers transferred to the Government of the Northwest Territories through the devolution process. Not only is the government ignoring land claims agreements and their provisions, the Conservatives are grabbing more power for themselves. The whole point of devolution is to give power to other levels of government, not take more back in return. Given its track record on protecting water rights and the interests of aboriginal peoples, I am very concerned to see those powers placed in the hands of a minister of the government.
My NDP colleagues and I are concerned about the lack of consultation during the drafting of this bill. That lack of consultation caused justifiable outrage with regard to some of the main parts of this bill. First nation and Métis governments were outraged, as were those who support the transfer of powers. Given that those of us on this side of the House are open to any and all suggestions that could deliver tangible results for the people, we will be supporting this bill so that it is referred to committee, where it can be improved. That is our intention on this side of the House.
When the bill is studied in committee, the NDP will do what the government has yet to do: we will listen to the first nation governments from the north and we will propose amendments based on their testimony and observations.
We are very grateful to the first nations governments of the Northwest Territories for taking a stand, and we will work as equals with our first nations partners to improve the bill. We hope that the Conservatives will do the same.
There is an important aspect of this whole discussion that relates to our notion of consultation in this country. When Canada's aboriginal peoples speak of consultation and accommodation with respect to their rights, they are not indulging in political whims. The Government of Canada and the Crown have a constitutional duty to consult with aboriginal peoples and seriously consider the concerns expressed during that consultation. That is our constitutional obligation towards Canada's aboriginal peoples.
I want to stress this because we too often come up against the failure of this country's governments to meet this obligation. We must take seriously the constitutional obligations of the various levels of government in Canada. I am including the provincial governments in this comment.
We certainly know that in some cases the Supreme Court has ruled on these notions of aboriginal and treaty rights of aboriginal peoples. I would mention, for example, Haida Nation v. British Columbia, in which the Supreme Court addressed this idea of consultation with aboriginal peoples. It stipulated that in some cases, and concerning very serious issues, this consultation may mean “consent”. This is important.
When we talk about the rule of law or the code of law in this country, it is important to remember what the Supreme Court had to say on that matter. The government must always act in accordance with the Constitution. That is the rule of law in Canada. This is what the Supreme Court said in Canada (Prime Minister) v. Khadr. The Supreme Court said that the government must act in compliance with the Constitution.
I am telling my colleagues nothing new by saying that section 35 of the Constitution addresses aboriginal and treaty rights of aboriginal peoples in Canada. It is important to be always mindful of our obligations towards aboriginal peoples.
I know people often say that aboriginal issues in this country are too complex or too complicated. However, these issues do not need to be complicated or complex. What we need—and what this government is all too often lacking—is the political will of governments to deal with these issues. With political will comes political imagination.
I will just give you an example. I do not know whether my colleagues have ever had the opportunity to read the James Bay and Northern Quebec Agreement, Canada's first modern treaty. It was signed in 1975 by the Canadian and Quebec governments and mainly the Cree and the Inuit.
Canada's first modern treaty, which is almost 500 pages long, is a very complex legal document. However, it was negotiated in just one year. This goes to show that when there is political will, when there is no choice but to resolve these issues, we are able to use political imagination.
Another important part of this debate is our relationship with aboriginal people.
I want to emphasize that too. As an aboriginal person and a lawyer, I have always insisted that the relationship between peoples and nations has to be top priority. Our relationship with aboriginal peoples here in Canada is broken. We must immediately address this matter, which is becoming increasingly urgent.
It shocks me that a government whose economic plan relies so heavily on the development of Canada's natural resources has not grasped the importance of treating aboriginal peoples as equal partners in this endeavour.
The issues of natural resources, the environment and climate change affect aboriginal people, no matter how we address them. Even in our international relations, the free trade agreements that we sign also affect aboriginal people, since such agreements often address natural resource development.
Our relations with aboriginal peoples are vital. They are the cornerstone of this country. However, the Conservatives are turning those relations into a stumbling block with their attitude, because they do not listen during consultations. It is important to point out that we need to improve our relations with aboriginal peoples because, right now, we are in a position where there is a very high risk of legal and political conflict.
It is troubling for a parliamentarian to consider that almost $300 million is spent every year to block the rights of this country's aboriginal peoples. That is troubling. It is urgent that we take into consideration the aboriginal peoples of this country. This issue is absolutely fundamental in all discussions on almost every subject concerning the development of this country, one of the richest countries on the planet. It is important that we remember this.
Mr. Speaker, you probably know the law as well as I do, and it will be no surprise to you that, according to section 4.1 of the Department of Justice Act, every law passed by Parliament must be consistent with the charter.
However, we have reached a point where the Government of Canada must also adopt provisions to ensure that every law passed by this Parliament respects the aboriginal and treaty rights of Canada's aboriginal peoples. It is important that we start thinking about that.
In closing, we expect the government to be open to the amendments that my very skilled colleagues will propose. As I mentioned, this bill is a step in the right direction and that is a good thing.
However, there are some things missing in this bill, and we hope to fill in the blanks for the government. I hope that the people on the other side of this chamber will be open to the NDP's proposals.