Senator Chalifoux Urban Aboriginal Youth Nahanni Park Aboriginal Law T'licho Bill Aboriginal Economic Development
Hon. Nick G. Sibbeston: Honourable senators, in the few years that Thelma Chalifoux served as senator for Alberta, she exuded a huge presence Metis presence, representing Metis, First Nations and indeed all Albertans in a very dignified and respectful manner. She was passionate about improving the lot of Aboriginal people, particularly those who fell through the cracks or were marginalized. This often included Metis people. She challenged the status quo government in committee, in caucus and in this place.
Indeed, she has been a tiger, particularly chairing the Aboriginal Peoples Committee and doing a study on Aboriginal youth in urban centres. Their report, which has 16 recommendations, will be part of her legacy. The challenge to those of us left behind will be to ensure that the new government takes notice. It is there in plain English and French in terms of what the government ought to do to alleviate the problems among the native people of our country.
Thelma has spent her life helping people and has been a good bridge between non-native and Aboriginal people. She has been involved all her life in Alberta, helping to establish Aboriginal organizations and to make them effective. She has dealt with land claims and helped set up the first friendship centre in Slave Lake. She has had a busy life. Knowing her, she will be busy right to her last breath.
Thelma has received awards from the National Aboriginal Achievement Foundation and recognition for who she is. Just last year she was given a Circle of Honour Award from an institute in Alberta promoting the advancement of women. I am pleased to announce to all of my colleagues here that she has been offered an Honorary Doctor of Law Degree from the University of Toronto, and she intends to accept so senator no more; we will have to address her as Her Eminence, Dr. Chalifoux.
Thelma leaves to go back to her cabin in Morinville and her seven children, 30 grandchildren and 26 great grandchildren. Bon voyage, notre amie.
Hon. Nick G. Sibbeston: Honourable senators, it is with great pleasure that I rise today to speak to the sixth report of the Standing Senate Committee on Aboriginal Peoples, "Urban Aboriginal Youth: An Action Plan for Change." It represents the first time a parliamentary committee has studied the needs and conditions of urban Aboriginal youth in Canada. The report has 19 recommendations and is the result of extensive work by members of the Aboriginal Committee who travelled throughout the country and spent 18 months examining this very important topic.
I wish to thank honourable senators who served on the Standing Senate Committee on Aboriginal Peoples, and especially the Honourable Thelma Chalifoux, former Chair of the Aboriginal Committee, whose leadership and dedication made this study possible.
Honourable senators, in the Speech from the Throne on February 2, the government recognized the reality that is described in our report. It was encouraging to hear that the government is serious about dealing with Aboriginal issues when it alluded to Aboriginal people in urban centres. The Aboriginal experience is increasingly an urban experience. Today, one-half of Canada's Aboriginal people live in urban areas. This increasing Aboriginal presence in Canada's cities is changing not only the make-up of those cities but also, in a very real sense, urban politics as well.
This is especially so for the larger urban centres of the West where a significant percentage of Aboriginal peoples reside. In Saskatoon, Aboriginal peoples currently comprise 9 per cent of the population; and in Winnipeg it is 8 per cent. These numbers are growing quickly each year. In smaller cities, such as Prince Albert, Aboriginal people already make up 30 per cent of the population. This is because of the Canadian phenomenon of Aboriginal peoples moving from the rural areas into the urban centres. Increasingly they are becoming a significant portion of the population in these cities.
The federal government to date has generally focused its attention and policies on the rural, reserve setting where First Nations live. Now is the time in our Canadian history when the federal government must recognize that most Aboriginal people no longer live in rural, reserve areas because they have moved to the urban centres in our country's cities.
Until recently, the rapid migration of Aboriginal people into the cities attracted little attention among policy makers. As a consequence, Aboriginal policy in Canada has focused almost exclusively on reserve-based First Nations. This approach to Aboriginal policy no longer reflects the geographic and social reality of Aboriginal peoples. While I do not want to minimize the problems that exist for Aboriginal peoples in rural areas and on reserves, the increasing urbanization of Aboriginal people makes a new direction in policy development an urgent necessity.
The profile of the demographic shift of Aboriginal population to the cities holds significant implications for federal responsibility for Aboriginal people. Federal responsibility is no longer focused where the majority of Aboriginal people are living. Of the nearly $8 billion that the federal government will spend on Aboriginal programs, only $270 million will flow to urban and off-reserve Aboriginal programs of the federal government.
In a significant move away from current federal policy, which largely limits government responsibility for on-reserve status Indians and Inuit, the committee's report calls upon the federal government to recognize the mobility rights of First Nations when they leave their reserve communities. The report recommends a start to formal negotiations with the Metis people of Canada, the most heavily urbanized segment of the Aboriginal population, in order to recognize and clarify these rights. It was encouraging to hear in the Speech from the Throne that the government, in its policies, will engage in creating and dealing with a place for the Metis.
As honourable senators are aware, when measured against nearly every social and economic indicator, Aboriginal youth living in urban areas face major disadvantages in comparison with other Canadian youth.
It is usually a problem of Aboriginal people being poorer and having a difficult time coping within the urban settings. For many Aboriginal youth, city life is an overwhelming experience. While cities may seem to offer great promise, countless arrive ill- prepared to take advantage of these opportunities, and promise eventually turns to despair.
The issue is Aboriginal people living in rural areas moving to urban centres, and it is the problem of people not knowing the lifestyle and all that is involved in living in a more sophisticated urban centre. That is the essence of the problems that Aboriginal people face.
My uncle used to say, when he came from the North to the city, that he often wished he could carry a little axe, to mark his way as he moved around the city, to remember where he had gone. In the bush in the North, he was a very capable hunter and trapper, but when he went to the city, for just a few days, he found it mesmerizing and very difficult. That illustrates, in part, the difficulty Aboriginal people have in coming to a city and coping with the lifestyle there.
I could quote endless negative statistics. I would encourage my colleagues to read the report that we worked so hard to produce. I shall not go through all the statistics, the detail, that is provided there, which really shows the plight and state of Aboriginal youth in our cities. We need to look beyond the statistics for answers, and that is what the report has done.
The committee's report maps out long- and short-term strategies to address both the needs and aspiration of youth, and it lays the foundation upon which their potential can be valued, nurtured and realized. Most notably, the report highlights the need for transition services to help youth adjust to city life. The report also discusses measures to address the high dropout rates, deals with community-based programs to promote sound parenting skills, as well as long-term strategic approaches for labour market readiness. These and other initiatives we describe will create a positive environment from which urban Aboriginal youth can thrive.
It is encouraging that the federal government stated in the Speech from the Throne that it would expand the urban Aboriginal strategy, which will provide more needed assistance to Aboriginal peoples in the cities.
Improving educational outcomes for Aboriginal youth must be a key part of any solution to improve the lives of Aboriginal youth. As we state in our report, ensuring meaningful access to higher education for Aboriginal youth is an investment we make not only in their future but also in ours. Despite these reassuring gains, however, Aboriginal youth continue to lag behind the rest of the Canadian population, at a time when jobs require more and more education.
While the general situations in cities are bleak, I should like to refer to a situation in the North, to show people the kind of progress that some native people in our country are making in the Northwest Territories, where I come from. The Dogrib people, who live in the area around Yellowknife, have become very involved in the diamond mines. The Dogrib people are the most traditional group of Aboriginal people in the North, yet, in the course of the last few years, they have made the jump to an industrial-type society. In terms of education alone, five years ago, six Dogrib students were attending technical schools and universities in the South. As a result of making the jump to the industrial age, as it were, and having funds available to give to their students, there are now 200 students attending universities and technical schools in the South. Obviously, the Dogrib people have made a decision to get involved in an industrial development, and are putting money in education.
My uncle used to say that education is power. Education is the means by which one can move from a tepee, out in the bush, to living and working in cities, wearing a white shirt, in an office. There are people from our area, who have come right from the bush, who are now professional people, which demonstrates the importance of education. Therefore, honourable senators, much of the report emphasizes education as a means of helping Aboriginal youth, so that they can become good contributing members of our society.
The report calls for the federal government to remove artificial status-based restrictions, so that all Aboriginal youth are eligible for post-secondary student assistance. The reality is that, while First Nations treaty people get financial assistance to go to universities, the Metis do not. I am not aware of a federal program that assists Metis people to go to university. Hence, it is recommended in the report that federal programs should apply to all Aboriginal youth, to give all of them a fair chance to get a good education.
Honourable senators, while post-secondary education is important, the emphasis cannot be on that alone. It is not realistic to expect that everyone can become a professional as a result of going to university. The trade and technical schools offer many good programs as well, so it is important to recognize that and have programs attuned to those areas.
I am familiar with the problems youth face when they move to the bigger centres. I faced them myself, as a young person going to Edmonton to attend university. I am aware of the struggle Aboriginal youth face when they are forced to leave the small communities to go to the bigger centres.
Honourable senators, I do not intend to go into much more detail about our report. I would encourage honourable senators to read the report, which maps out strategies for positive and meaningful change.
Aboriginal youth have talents, aspirations and hopes for better life. In this country, we always talk of labour shortages and the need to have people migrate from other countries to meet the labour needs. Honourable senators, my answer to that is that there is a large group of people in our country who can eventually be trained and educated to fill that labour-market deficiency that now exists. If the government is serious about this, it ought to read the report and look at the recommendations so it can do something very positive.
A sustained, cooperative effort among all levels of government not only the federal government is required. The provinces and Canadian municipalities also need to become involved, so that they can work together to respond to the needs of Aboriginal people.
I believe that a genuine window of opportunity exists to implement the kind of positive change needed to ensure that another generation of Aboriginal youth is not sacrificed. The committee has worked out a realistic plan of action and has detailed concrete steps, which, if implemented in a serious and dedicated fashion, can lead to meaningful reform and long-lasting change. It now falls on the government to respond.
In that regard, let me just state, honourable senators, that when we are were dealing with these recommendations, we were afraid that they would be simply seen as that recommendations and not dealt with too seriously by government. Therefore, all the recommendations are shown as recommended actions. There is real desire on the part of the committee to have the government respond and act on the recommendations.
As I said, there are 19 recommendations and part of the motion is to have various government departments respond to the report. It is so very important not to have the report simply shelved or gather dust, or lost somewhere in the system. It is so important nay, it is critical that the government respond to our report, in order that the good work of our committee can come to fruition. This is why part of the motion is directed at having government departments respond to us.
Honourable senators, I am pleased to speak on the motion to give it support and propose an amendment to put it in tune with the political reality of the North.
I was initially upset and even embarrassed that Senator Di Nino from
However, since Tuesday, Senator Di Nino and I have met. We are best of friends now, and we are on the same path, as it were, to supporting such a matter. I recognize that I perhaps overreacted, and it was just a tempest in a teapot as far as I am concerned.
I see him as an ally, and I am glad he came to the North and has been to the
The
When I dealt with them the other day, I asked, "What kind of an organization are you, anyway, to get someone from the south to do your work and lobby?" Since then, I have come to appreciate them. I had a good meeting with them yesterday.
Honourable Senators, the
There is a spot on the
There is another area called Lafferty's Riffle; that also is named after one of my relatives. A lake in the area is named after my father. I am, therefore, historically, culturally and emotionally connected and attached to this part of the North.
One of my uncles, Fred Sibbeston, guided the boat when Prime Minister Trudeau
first came down the
I made numerous trips into the park, even before it was a park, beginning in
the early 1970s. My children my sons, in particular continue to go to
the
Honourable senators, I have an amendment that deals with two aspects that will enhance the way that the park expansion can be done.
The first deals with a requirement that the federal government respond to and
develop policies directed at making northern parks more conducive to Aboriginal
employment, cultural involvement and business opportunities. A report on this
was completed by a subcommittee of the Aboriginal People's Committee, in
September of 2001. Some of us went to Inuvik,
What I am saying is that before a park is expanded, the federal government, Parks Canada, ought to respond to this report, ought to come up with policies that really meet the unique aspects of people in the North. One of the amendments I am proposing is that this report be considered.
The second matter involves the need for a complete assessment of mineral and
energy resources in the proposed park expansion area. The Mineral and Energy
Resource Assessment process, called MERA, was established in 1980 as a
prerequisite to establish parks in the
The expansion purports to expand seven times the present size of the park. When park boundaries are established, we know that it is very difficult or almost impossible for them to be changed.
We saw this when the
The people of Paulatuk supported the decrease, arguing that it would create 75 jobs. The Inuvialuit, who were in negotiations with the federal government in that area, the Government of the Northwest Territories, and even the senator for the area, argued very hard to have the park decreased so that exploration and development could occur in that area, but the federal government said that it would not open up the boundary issue, and so the request was denied. We know, honourable senators, that once boundaries are established, it is difficult and almost impossible for them to be changed. Hence, before boundaries are expanded, it is important to make sure that we know what is in the area.
The creation of park boundaries and expansions is a very serious undertaking. Therefore, before the national park is expanded, we need to know definitively what the lands contain.
There is a land claims process going on in this part of the North. I am one of the members of that organization, and will eventually be a beneficiary, so of course I am interested and want to be sure that it will be done properly.
Present and future generations will be bound. Young people are being educated and trained in our schools and colleges in the North for employment opportunities. Trapping is becoming less and less a way of life. It is still important, but every year it does seem that as people get old there are fewer people trapping, so obviously the wage economy is important and will be more important for the people of the North.
Honourable senators, some industry and development will be necessary in the future for young people to be meaningfully engaged. Just like people in the South, people in the North enjoy driving new Ford trucks, enjoy using computers, enjoy all the amenities of life. Obviously, if the standard of living is to be maintained, they will need to have employment opportunities.
While parks are fine, I have always maintained that one cannot make a living just by being situated close to a park in itself. When my uncle visited Nahanni Butte, he would say, "What beautiful scenery, but you can't eat it." One needs employment, one needs opportunities, and one needs game in order to live.
The Deh Cho process that is currently underway in the North has in its plans to eventually set up their own self-government, and there will be need for money, royalties and taxes to operate and provide services.
For all of these reasons, before we launch off into expanding the Nahanni National Park, we need to seriously consider the two issues that I have raised, that of park management and administration, so that the federal government and Parks Canada can develop and have a unique northern approach to management of parks, and, second, that there be a full resource assessment, so that we know definitively what is in that land that could be made into a park and then not available to any future development.
Honourable senators, I have an amendment, which will provide that. I believe these amendments are very good, and I expect they will be well received.
Motion in Amendment
Honourable senators, I move, seconded by the Honourable Senator Ione Christensen:
That the motion be amended as follows:
(a) in paragraph (a),
(i) by adding the word "possibly" after the word "Reserve", and
(ii) by adding after the word "karstlands" the following:
"at an appropriate time and consistent with the cultural, social and
economic interests of the people of the region, the
(b) in paragraph (b), by replacing the words "to stop" with the following,
"to protect the environmental integrity of the
(c) in subparagraph (b)(i), by deleting the word "stopping" and the words "and rehabilitating the mine site";
(d) in subparagraph (b)(ii), by deleting the words "ensuring complete restoration of";
(e) in subparagraph (b)(iii),
(i) by deleting the words "immediately instituting an interim land withdrawal of the entire South Nahanni Watershed to prevent",
(ii) by deleting the word "and" at the end; and
(f) by adding, after paragraph (b),
(i) a new paragraph (c) to read as follows:
"(c) to include as part of the review:
(i) a response to the Senate report, Northern Parks A New Way that indicates the government's policy to ensure employment and economic benefits from the creation of northern parks will flow to local aboriginal people, and
(ii) a complete assessment of mineral and energy resources in the area", and
(ii) by relettering the current paragraph (c) as (d).
Top of Page
Honourable senators, I should like to speak for a few moments. I had not intended to speak today, but occasionally one arrives in a situation where others are heard and one is inspired. It triggers some thought and then takes some courage to stand up a bit unprepared. However, I want to express these feelings and thoughts today.
The notion of Aboriginal law is a very good thing. It is a novel idea to Canadian society, but those who are Aboriginals and come from Aboriginal societies recognize that it exists.
I had the good fortune to become a lawyer. I studied common law and learned all about the dominant common law in Canada. Eventually I tried to use it in my practice, but also I spent much of my time defending people in the criminal law system.
In the North, it was always a challenge to interpret laws that originate in institutions such as Parliament because those laws are based on common law for non-Native peoples in urban settings. It was always a challenge to provide justice for Aboriginal peoples in remote parts of our country. We have had some notable judges in the North who recognized the situation and, in their own way, tried to provide justice to the people of the North. One such judge comes to mind, Judge Sissons, who lived in the Northwest Territories in the 1950s and 1960s. When people were charged, oftentimes in remote communities, he had the task of travelling to such communities to interpret and apply the law as well as he could. Oftentimes, it was a difficult task because Aboriginal people come from completely different traditions, practices and ways of life. Trying to provide justice and apply some of their laws in some cases was difficult. It is like two different peoples living in two different worlds. However, that was the law and Judge Sissons attempted to apply it. He is famous for his efforts in the North and he became somewhat of a hero because he tried to impart common sense and to deliver justice in a way that was fair to the Aboriginal peoples of the North. There was a famous case of an Aboriginal person who shot a duck in the spring. Imagine living in the North where you have cold, ice and snow for most of the year. Often you live off the land, that is, on caribou and fish. Spring is a delightful time of the year because the days get warmer and, before long, you see ducks flying in from the south. People, of course, just act naturally and shoot these ducks because it is food for them. After eating caribou and fish all winter, you want to eat something else, so ducks look very appealing. Inevitably, a man shot a duck and was charged with shooting ducks out of season.
There was an agreement between the United States, Mexico and Canada called the Migratory Birds Act, which was a treaty to control the times of the year when ducks could be shot. I hardly think that they had in mind the people in the North when the agreement was signed. The man who shot the duck was charged and the case went before the court. Of course, any judge who applied the law would have to find the person guilty. This is a good example of the state of law, and how difficult, impractical and inapplicable it is, in a sense, to mete out justice as provided in a law that did not have Aboriginal peoples in mind.
When I was practicing law, I had the good fortune to work with judges and to defend people. I also had the opportunity to try to bring insight to the courts about situations that would occur in Northern communities. Honourable senators can appreciate that, while many offences may have occurred as a result of the consumption of alcohol, certain offences that would not have been deemed serious in the Aboriginal way of life were, under criminal law, deemed to be very serious and thus warranted years in jail. It was always a challenge to apply the laws of the South to the peoples of the North.
Later in my career, I had an opportunity to work as a justice specialist. The government recognized that the best way to deal with justice in small communities was to have local people involved in the handling of the people who got into trouble. I was involved in setting up justice committees in many small communities whereby a number of elders and other respected people would be part of those committees to deal with incidents. That approach was highly effective.
I recall one incident in which a young person went into the local co-op store and stole a jacket. The normal procedure would have been for a Justice of the Peace to deal with the case in one or two hours. The person would have pled guilty and would have been sentenced. It is a mindless, cold and formal way of dealing with offences. Invariably the person would have been charged, convicted and sent to jail.
Under the community justice system, the young person was brought before the justice committee which, in a sense, was gruelling, embarrassing and emotional. Once the person admitted having committed the crime then the members of the justice committee would talk to the offender. They would make comments such as, "You should not have done that. We know that, basically, you are a good person. Do not do it again." In the course of that exchange, a young person would cry and cry. As you can imagine, that young person would be most unlikely to do that again because the appearance before members of the community was so embarrassing. Everyone in town would know what had happened and that there had been response by respected elders and others. That method of justice the application of local traditions and practices is much more effective.
The challenge for Canadians is to respect and recognize that amongst Aboriginal people there are traditions and ways of life.
Especially in the smaller communities, Aboriginal people do not have books or a long history of written traditions and practices. Those are passed down by word of mouth and by practice from generation to generation. When we talk about Aboriginal law, this is what we are talking about the practices and traditions that Aboriginal people have carried from generation to generation. They are embodied. They are based on common sense and rules for good living on the land, that is, the handling of people, animals and the land. Those are the traditions and practices that apply, and slowly they are being recognized.
A Supreme Court of Canada case in the last few years recognized that Aboriginal practices and traditions can be recognized. It ventures into hearsay evidence because the ideals and principles have been carried on from generation to generation. Nevertheless, it is part of the peoples' knowledge and history. It is comforting to know that the Supreme Court of Canada is able to recognize Aboriginal practices and histories. It is a step in the right direction.
The Senate will be dealing with the Tlicho agreement. It is reassuring to know that the land claims agreement contains a clause stating that the Supreme Court of the Northwest Territories must recognize the tradition and practices of the Tlicho people when making decisions. That is an important step. It is a start. It is a wee little step and wee little recognition of the Aboriginal laws and traditions.
I am inspired and encouraged by Senator Joyal saying that he recognizes that while this harmonization bill really deals with the French language and French laws, some day Aboriginal laws and practices could be recognized similarly in Canada and could, in some applicable cases, be recognized by our courts. This is encouraging.
Honourable senators, many of the leaders of the Tlicho people who are here today are from the Northwest Territories and speak the traditional Dene language. To make them feel comfortable and know that they are welcome here in the Senate, I would like to say in my own Dene language a few words of greeting. In that way, they will know that their voice can be heard in the Senate of Canada.
[Senator Sibbeston spoke in his native language.]
Honourable senators, I am pleased and honoured to speak today as the sponsor of Bill C-14, the Tlicho land claims and self-government bill. This bill would put into effect the Tlicho agreement, which has been negotiated between the Tlicho people, the Government of Canada and the Government of the Northwest Territories.
The Tlicho people ratified this agreement with 84 per cent approval among the 93 per cent of eligible voters who came out to vote. All parties were present.
I was honoured to be present in August of 2003 when the then Prime Minister of our country, Jean Chrιtien, the then Premier of the Northwest Territories, Stephen Kakfwi, and all of the Tlicho leaders were present to sign the final agreement that we are dealing with here today. The Government of the Northwest Territories passed legislation approving the agreement. Current N.W.T. Premier Joe Handley said that we "are committed to Aboriginal people having greater self-determination, increasing their independence and returning the rightful control of land to its original owners." When passed, this bill will serve as federal ratification of the agreement.
The Tlicho people live in the Northwest Territories. They are about 3,500 in number. They live in the area of Great Slave Lake. Their land and area go up to Great Bear Lake, east and north to Contwoyto Lake, east to the Nunavut border, and then west toward the Mackenzie River. Their traditional land comprises a large area.
The Tlicho language and culture is very strong. They use the land for hunting and trapping. Several people told me that they came back from their trap lines and were asked to come down to Ottawa to be part of the delegation. These are people who hunt, trap and use the land. I will explain later that while they are a traditional group, they are also very modern.
The Tlicho have traditionally had very good leadership and have always stressed traditional and strong educational values. A number of years ago, approximately 10 of their students were in the South attending technical and university schools. Over the last few years, they have increased that number to 130. One of their own people acts as their lawyer, Ms. Bertha Rabesca Zoe. They have made tremendous steps in education in the last few years. They have a saying that education is to educate their people so they can be as strong as two people. That is their vision as far as education is concerned.
The Tlicho are also a modern people. They have made the jump from subsistence to an industrial community. There are two diamond mines in the traditional Tlicho area.
When a project comes along that may look overwhelming and difficult, as Aboriginal people it is so easy to resist it. However, the Tlicho decided to engage these developments and have become very involved. They are at the point now where many of their people are employed. They have businesses and partnerships in all aspects of the mine: airlines, catering, security and trucking.
If one were to go to the diamond mines, one would see evidence of the Tlicho people in terms of the people working there and the businesses they have set up. It is impressive in terms of what they have been able to achieve in the last few years.
The Tlicho are proud of being fair in their dealings with other people. Historically their leader, Edzo, was very involved with the chief of the Chippewa to deal and make peace with respect to the lands in which the two tribes live.
When the Europeans first entered into the area and lands of the Tlicho, the Tlicho were very helpful. They had good relations with the Europeans. When Sir John Franklin came into that area, it was the Tlicho people who helped him. They had difficult times. Some of John Franklin's men starved, but it was the Tlicho people who helped them to get back to civilization. When Samuel Hearne was there earlier, there is evidence of the Tlicho people helping him. When missionaries and government people came along, the Tlicho were there and were always helpful and cooperative.
In 1921, the Tlicho signed Treaty 11, which is the treaty that encompasses a large number of the Northwest Territories. Chief Monfwi pointed out to the federal representatives at the time what were the Tlicho lands. Those same lands are the lands that the Tlicho people will have ownership and control over.
The Tlicho will own 39,000 square kilometres of land. There is a larger area over which they will also have control with respect to water and the lands through boards.
The path of the Tlicho has been a long one. In the 1970s there was a famous case in the Northwest Territories called the Paulette case. The Supreme Court, in dealing with the validity of the treaty that was made with the people in 1921, brought into question the validity of the agreement on the basis that the Dene thought they were entering into a peace and friendship type of treaty, whereas if we look at the terms of the treaty today, it uses words like "cede, release and surrender forever of all of their rights."
After visiting all of the communities and hearing the elders, some of whom were present at the time of the treaty in 1921, Judge Morrow came to the conclusion that there was not a meeting of the minds needed for making a contract and a treaty. Consequently, the federal government, in wanting to deal fairly with the Aboriginal people of the North, decided to enter into a policy of negotiating comprehensive claims with all Aboriginals the Dene, the Metis and the Inuit. This is the process that has been adopted in the North and that has made it possible to have land claim agreements with many of the Aboriginal people in the North. While the process is not finished, it has begun. I can tell honourable senators that it has been very successful.
This comprehensive land claims policy was adopted by the federal government in 1973. In 1976, the Indian Brotherhood, which at the time was representative of all the Indian and Dene people in the North, joined with the Metis and began the process to negotiate with the federal government.
An agreement was reached in 1988 but was eventually rejected in 1990. There has been no comprehensive claim since then. With the breakdown of that negotiation, a regional form of negotiations began. This is the process that has been followed to date.
In 1984, the Inuvialuit people living in the Beaufort Sea settled their land claims. In 1992, the Gwich'in near the delta settled their negotiations. The Sahtu of Great Bear Lake finished their negotiations in 1994. The Inuit of the Eastern Arctic and the High Arctic settled their claim with the creation of Nunavut in 1999.
It is a significant achievement that Aboriginal people have the jurisdiction and the powers to run their own territories and governments.
This Tlicho claim is a result of at least 10 years of negotiations and hard work on their behalf. In 1995, the federal government adopted its policy on the inherent right to self-government. Up to this point, the federal government had only had a policy of negotiating land claims dealing with lands and resources. In 1995, they expanded the mandate to include negotiation of the inherent right to self-government.
This is the process that the Tlicho have followed. This claim we have before us deals with lands, resources and self-government the ability to run their own lives.
The Tlicho agreement provides that they will own a single block of land totalling 39,000 square kilometres, including subsurface resources surrounding the four communities. While this may seem offhand as a large parcel of land, in the scheme of things that is, the landmass that exists in Northern Canada it is not overly big. It is not extraordinary in the sense that it encompasses a lot of the land in the North. The land in the North is so huge that 39,000 square kilometres, looks very small on a map. However, it is the land that the Tlicho and their chief, back in 1921, pointed out to the federal government representatives as being Tlicho land. It is an achievement to have that recognized today.
The Tlicho will receive $152 million. While that sounds like a lot, it is not very much. I am sure it will facilitate the setting-up of certain institutions and their involvement in resource development. Unfortunately, part of the $152 million will have to be paid back to the federal government because some of that money will have been spent in the process of negotiating their claim. They will also receive a share of royalties from resource development.
The Tlicho will have the ability and power to establish their own government, which will have jurisdiction over social and cultural issues, as well as such basic matters as health and education, and issues dealing with culture and language.
Bill C-14 removes the Tlicho people from the Indian Act. Is this not something? Many Aboriginal people in the country look forward to that day. This has been achieved by the Tlicho. However, all federal laws of general application such as the Criminal Code and other general laws that apply to the peace, order and good government of our country will apply. Territorial laws of a general nature will also apply to the Tlicho government. Territorial laws that implement Canada's international obligations will also take precedence. In other cases, especially in matters particularly affecting the Tlicho people, Tlicho laws will prevail. Most important, like other Canadians, the Tlicho will continue to be subject to the Charter of Rights and Freedoms.
The Tlicho constitution will define the roles and responsibilities of the Tlicho government. It will protect the democratic rights and freedoms of all those living on Tlicho lands, including non-Tlicho residents. It is based on the principles of political and financial accountability, and ensures that all Tlicho laws are open to legal challenge. Each community will also have its own community government established by territorial legislation. Each government will be run by a chief and a council of four to 12 members, half of whom must be Tlicho citizens. Non-Tlicho residents in the community will also be eligible to vote and to run for office.
Honourable senators, I believe there is a concern for the plight of Aboriginal people. There is consciousness of and concern for their welfare and well-being. I believe that non-Aboriginal Canadians want Aboriginal peoples to have the same standard of life the healthiness, the education, the jobs, and the economic opportunities that they enjoy.
I am sure Canadians ask: How can we achieve this? How can this be done? In the Northwest Territories, through the land claims process and through the progress that we have made in the last decades in establishing democratic government in the North, Aboriginal people are accomplishing an improved standard of living. They are engaged in all aspects of Northern society. This is made possible through the land claims process, where Aboriginal land claims are settled and the people have entitlement to lands and money and can set up their own government so that they have the ability to govern themselves.
Honourable senators, as you know, our committee has started its study on the involvement of Aboriginal peoples in economic development activities in Canada, with particular emphasis on the aspects and the elements that lead to Aboriginal success in business. From the evidence of the few witnesses we have heard thus far, it has come to light that jurisdiction and good governments with the ability to make decisions are some of the key elements that are necessary for Aboriginal success. What does this tell us? It tells us that, if Aboriginal people are to succeed in our society, they must have jurisdiction. They must have governance. These are the tools that we will be giving to the Tlicho people.
Honourable senators, the known benefits of self-government are numerous. Self-government produces open, transparent and accountable government. It will give pride, hope and control to the Aboriginal people the elements they need for their successful future. Self-government attracts investors and business partners and fosters economic growth. This has been the experience to date. It encourages self-reliance and leads to improved housing, employment and quality of life. It builds capacity and ensures a sustainable and stable economy. It enables Aboriginal communities to participate fully in the national economy.
Honourable senators, once approved by the Senate, Bill C-14 will send a clear signal to the Tlicho and to all Aboriginal peoples in this country that we as a country are serious about working with them to support their vision of a better future for both their families and their communities, and that we are committed, as a society, to establishing a new relationship based on mutual respect.
Honourable senators, this claim involves large tracts of land. It involves the establishment of a government. Borders are involved. I am amazed, impressed and encouraged that all of these revolutionary changes can happen in our country, and that they can all happen without a lot of turmoil and without a single arrow being shot, without a single harpoon being thrown, without a single shot being fired. It is amazing that we have a country such as this, where these things can happen.
I was present when we held a reception for the Tlicho yesterday. Grand Chief Rabesca told me that the four Tlicho communities in the North have been carefully and conscientiously following the proceedings. Televisions had been set up in all the community halls. Once they saw the bill in the House of Commons pass third reading the other day, there began a big parade of vehicles. Every vehicle in the community joined in the parade which went through the town and circled the community. They then held prayers and thanked their creator, God, and thanked you, as Canadians. They were thankful that this could happen. They also held a feed the fire ceremony and had drum dances late into the night.
The Tlicho have celebrated at least one step in the passage of this bill. I know that in due course maybe next week, if we all cooperate, or perhaps in February when the Senate, after careful consideration, decides to pass Bill C-14, the Tlicho will be very happy and there will be another round of celebration.
Honourable senators, I commend Bill C-14 to you and look for your support.
Aboriginal Economic Development
Senator Sibbeston: Honourable senators, I have asked you to deal with this motion today because we have already held a number of meetings, all of which have been administrative in nature, and we want to proceed with this matter. Our committee has not dealt with any bills and nor is it likely to deal with any in the foreseeable future. Therefore, we are anxious to undertake a study and permission to proceed will be the result of the passage of this motion. We will immediately plan to have witnesses appear during the week that the Senate resumes. In fact, we propose to have witnesses appear on November 17. However, we will have to wait for another week.
If this motion is passed, the committee has decided that it will undertake a study of the involvement of Aboriginal peoples in industrial projects. We all recognize the problems that Aboriginal people have in matters of unemployment, health and so forth. However, there are areas or pockets in the country, where Aboriginal people have been very successful.
I would point to two such situations in the North with the development surrounding the diamond mines in Yellowknife. Aboriginal people in the area have become very engaged. The Dogrib in the Yellowknife area are the most traditional of any of the groups in the North, yet, in the last 10 years they have become engaged in the project, and very successfully so. They are employed and they have businesses. They have a positive involvement.
As well, since the Inuvialuit people in the Delta settled their land claims in 1984, they have become involved in industry and business to the point where they are very successful. They initiated the move for the Aboriginal people of the North to own one third of the gas pipeline that is likely to be built from the Northwest Territories. We are interested in seeing what factors and elements lead to the success of some Aboriginal people while others fall on hard times. We are interested in the subject.
Harvard University has done a study regarding Aboriginal people that covers this area. There are also experts in our country.
We propose to look at this issue. I think it will be a topical and relevant study because Canada seems intent on helping Aboriginal people. If our country is wanting to do more to assist native people, it is important to know if this can be accomplished by giving more money to them.
That is the nature of the study we wish to undertake. We propose to deal with people in all areas of the country, beginning with those in the North because that is the area with which I am most familiar.
As far as money is concerned, our committee has not determined the amount that will be needed. Initially, we propose to obtain money to hear witnesses so that we can put our minds around the subject and focus on the elements that will be important. After that, we propose to obtain funds to travel, initially to all the regions of the North. We hope to undertake the study within the next two years. However, I hope the work can be completed sooner than that.