Specific Claims Tribunal Bill 2008 Aurora Awards Residential School Apology Tribute to Senator Gill
Specific Claims Tribunal Bill
Second Reading
On the Order:
Resuming debate on the motion of the Honourable Senator St. Germain, P.C., seconded by the Honourable Senator Cochrane, for the second reading of Bill C-30, An Act to establish the Specific Claims Tribunal and to make consequential amendments to other Acts.
Hon. Nick G. Sibbeston: Honourable senators, I am pleased to speak today to Bill C-30, the Specific Claims Tribunal Act. Our colleague, Senator St. Germain, did an excellent job describing the general provisions of the bill, so I will not speak at great length today. I hope we can move this bill into committee and deal with it in an expeditious manner.
Bill C-30 is an example of what can be accomplished when people work together in a spirit of cooperation and goodwill, and such is the nature of the Standing Senate Committee on Aboriginal Peoples. We work for the betterment of Aboriginal people without any due regard, generally, for partisanship.
As honourable senators know, specific claims arise as a result of government's failure to act honourably and to fulfil promises made to Aboriginal people. In some cases, government officials acted fraudulently to deprive First Nations of lands or other resources that were owed to them. Many of these claims date back decades or even centuries.
Failure to settle specific claims has led to hardship and frustration on the part of First Nations people, and has thwarted their efforts to improve their lives. Settlement of claims has been shown to be an incredible boost to First Nations capacity and to their economic development.
The current system is slow and cumbersome and, in the view of many, biased in favour of government. Claims can take easily 20 years to wend through the process, and often the end result is highly unsatisfactory. Government decides which claims are valid, and determines the process by which they will be settled.
First Nations must undertake a lengthy and cumbersome process, and they must initiate this process by conducting research. The federal government also conducts research. The research formally goes to the government, and then the Department of Justice becomes involved in reviewing the research and the case that the First Nations makes to see whether it is acceptable to the federal government.
Eventually, the research goes to the federal Minister of Indian Affairs and Northern Development, and it is in the minister's discretion to accept or reject it. There is no time limit, so often the submission or the claim becomes lost in the system and is there for a long time.
There has been much frustration in the present specific claims process, and thus the need for this bill. The bill provides a new approach and a new opportunity for the federal government to deal with specific claims in a satisfactory way.
First Nations have few avenues of appeal if the federal government rejects their specific claims. They can go to the Indian Claims Commission, which can only make recommendations to the minister, or they can go to court. Even if the claim is ruled to be valid, negotiations can take many years. In the end, if a settlement is reached, it is often heavily biased in favour of government.
First Nations reach a point of taking a bad deal rather than no deal at all. Many recent confrontations with Aboriginal people in Canada, such as Oka in Quebec, Gustafson Lake in B.C. and Ipperwash in Ontario, originated from unsettled specific claims.
The problem with specific claims has been studied many times. Many proposals have been made to improve the system, but until now there has been no progress.
Last year, the Standing Senate Committee on Aboriginal Peoples released its report, Negotiations or Confrontation: It's Canada's Choice. This report examined specific claims in great detail, and we came to a number of conclusions and recommendations as to what must be done. I am pleased and proud to say that Bill C-30 reflects the work done by our committee and the recommendations that we made. As a senator, it is nice to see our hard work come to positive fruition, such as is the case with this bill.
The most significant part of this bill is the establishment of an independent tribunal. This is something that all Aboriginal people in our country have been wanting. Every time they have spoken about specific claims and the problems with the delays, they have always said that there should be an independent body, apart from the Department of Indian Affairs and Northern Development and government, that can deal with these claims. Such is the main part of this bill.
It is a big step, a big development and a big decision for the federal government to finally come through with the establishment of an independent body. From here on, once the independent body is set up, surely things will go well; surely all the claims will be dealt with in a judicious and proper manner.
Although the focus will continue to be on reaching negotiated settlements, there will now be recourse for First Nations. That alone will ensure that the government will act more quickly and effectively in addressing these legitimate claims.
I must give credit to Minister Jim Prentice. When he became minister, he appeared before our committee. As he had spent 10 years in this area of claims commissions when he was a private citizen in Calgary, he knew the process. It was nice to have a minister of the government who understood the problems and who was compassionate in terms of the problems of specific claims.
I believe that we were fortunate to have someone like Mr. Prentice as the Minister of Indian Affairs at the time, who readily agreed and finally made decisions to proceed with the recommendations that our committee brought forth to resolve this issue. He did collaborate with the Assembly of First Nations. I am pleased that Minister Strahl has continued that work and has brought the matter, in the form of a bill, to Parliament.
This bill will not solve every issue with regard to specific claims, honourable senators. There remains considerable work to be done on historical treaties and on claims in excess of $150 million. The specific claims provisions place a limit of claims up to $150 million. That is a significant amount, but there are claims that exceed that figure. This bill will not be able to provide for that, but there is still a negotiations process that, ultimately, we hope will resolve those larger claims.
Honourable senators, it is important to know that, in addition to working with the AFN on Bill C-30, the government also reached an agreement to collaborate on resolving all outstanding issues. I know that Senator St. Germain mentioned that there are still approximately 800 claims that still need to be dealt with. This bill will go a long way toward settling and dealing with these claims.
Bill C-30 will also go a long way toward moving forward the hundreds of outstanding claims in a way that is fair and impartial. The legislation will provide First Nations with the assurance that their grievances will be heard and resolved in a transparent and timely manner.
This is clearly a case where we should not let the quest for perfection stand in the way of achieving good. I know that despite some concerns raised about a few issues, the other place passed this bill unanimously.
Bill C-30 will make a tremendous difference in the lives of Aboriginal people across the country. The measure will also be a tremendous benefit to Canada as well, both in terms of reducing confrontation and disruptions and by unleashing the economic and social potential of Aboriginal communities. I urge the wholehearted support of all honourable senators and recommend quick passage of this bill.
2008 Aurora Awards
Hon. Nick G. Sibbeston: Honourable senators, on Sunday, May 18, the Aurora Awards, honouring the best in Canadian science fiction and fantasy writing in both English and French, were awarded in Winnipeg, Manitoba.
These awards, which are voted on by fans in the field, are in their twenty-eighth year and have recognized many of the greats of Canadian science fiction — people who have gone on to win many international awards as well. One multiple award winner, Robert J. Sawyer, was recently named as one of the 30 most influential people in Canadian publishing.
This year the winner for best English novel went to Toronto writer Nalo Hopkinson for her book The New Moon's Arms. One of Ms. Hopkinson's earlier novels, Brown Girl in the Ring, was featured this year on CBC's Canada Reads.
I am particularly pleased to tell honourable senators that one of the other winners this year was my own policy adviser, Hayden Trenholm, who won for best English short story for his novelette Like Water in the Desert. Mr. Trenholm also had his science fiction novel, Defining Diana, published earlier this year. I congratulate him and others for their writing skills.
My relationship with Mr. Trenholm goes back to the 1980s when I was a government minister and leader in the Northwest Territories. He was my assistant and policy adviser. Later, when I returned to politics as a member of the Senate, he rejoined me and is my policy adviser today. I have always admired his brilliance, his knowledge of the North and his political acumen, which he provides capably to my office.
Formal Apology to Former Students of Indian Residential Schools
Hon. Nick G. Sibbeston: Honourable senators, on June 11, Prime Minister Harper will make a long-awaited apology to former students of Indian Residential Schools. This follows closely on the establishment of the Truth and Reconciliation Commission under the guidance of Justice Harry LaForme, and it is good that the Prime Minister has chosen to make Canada's apology now rather than later.
I trust that the apology will be fulsome, whole-hearted and sincere, and will contain all the elements of a true apology — an acknowledgment that actions have caused harm, acceptance of responsibility for that harm and the promise to do something about it.
The government has already taken action by establishing the Aboriginal Healing Foundation and by reaching the residential schools settlement, which has provided for financial compensation, commemoration and the chance to tell our stories through the Truth and Reconciliation Commission. The formal apology will complete the process.
I look forward to hearing the Prime Minister. I have organized an event in my hometown of Fort Simpson to hear and to celebrate these historic words. I have invited former students and their families to watch the apology on television. We will then discuss it, share our thoughts and feelings and have a feast afterwards.
We will listen to what he has to say. We will try to feel its impact and recognize and accept it as a sincere expression of Canada's acknowledgment of wrong-doing and harm caused. Regardless of the exact words the Prime Minister chooses or the style in which he makes his statement, we will know our lives and our suffering have been recognized and vindicated.
There are two sides to an apology: the side that gives it and asks for forgiveness and the side that receives and accepts it. Only by accepting this apology and allowing its meaning and its effect to sink into our hearts can we, as Aboriginal people, begin to feel relief and find satisfaction.
For many of us, these events happened 40, 50 and even 60 years ago, yet they remain with us as we grow older, still fresh and still painful. We hope this apology will give us a measure of peace and contentment so our elder years can be happy ones.
Tribute to Senator Gill
Hon. Nick G. Sibbeston: Honourable senators, I also wish to offer my tribute to the Honourable Senator Aurélien Gill, who will be retiring from the Senate later this summer.
Senator Gill has been a teacher, a public servant and a successful businessman, but more than anything he has been a tireless defender of Aboriginal people and especially of the people of his own region of Mashteuiatsh Montagnais, where he served as chief for 10 years.
I had the opportunity to visit Senator Gill's region a few years ago to see first-hand the challenges faced by First Nations in the area, but I also saw the great economic and social successes they have achieved — much of it under Senator Gill's leadership and guidance.
Aurélien Gill's work for Aboriginal people extended far beyond the borders of his community, of course. He helped found several important provincial and national Aboriginal organizations, and served for many years on the Indian Claims Commission dealing with problems with specific claims. I know it must give him satisfaction to see Bill C-30 pass, which is the Specific Claims Tribunal Act — a monumentally important bill for our country. I am glad that bill was passed while he was here.
A number of years ago we were dealing with another specific claims act. We do not often have differences, but he was passionate and eager to have a great deal done. I was encouraging little steps, that we must be patient. However, Senator Gill wanted the whole package. It is nice to see that the government has come through with Bill C-30 while he was here.
I wish to say that I am very conscious of the bill he has brought to the Senate just before he retires. Bill S-234, a bill to establish an assembly of Aboriginal people, will be a monumental bill. It will create discussion and it will make our country realize the importance of having Aboriginal people involved in a body that would represent Aboriginal peoples in our country. I will be speaking on that bill and supporting it.
Senator Gill's ideas and his dedication will continue to inspire all of us who work to improve the lives of Aboriginal people. I note that there are a handful of Aboriginal people in our Senate, and he is one of the important ones. We will miss him, but his family will gain. They will have him all to themselves. However, we must realize where he is going and wish him a happy retirement.