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Results: 1516 - 1530 of 1644
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, the hon. member for New Brunswick Southwest has more experience than I do in this House. He clearly knows that the rules provide for a 45 day delay. He says several months; 45 days normally is a month and a half.
On this side of the House we were so confident in the member's re-election, because of the effective work he has done in New Brunswick Southwest, that we would not have wanted to deprive him of being able to put on the order paper in this Parliament a question which he so enjoyed seeing on the order paper in the last Parliament.
I can assure you, Mr. Speaker, that we take the standing orders very seriously. There is no effort whatsoever on the part of the Department of Fisheries and Oceans to not answer the question in a timely manner. There is so much good news coming from the aboriginal fisheries licence program and the aboriginal fisheries strategy that to put together all of this good news and to show how effective the program has been will take some time.
The program has been a considerable success in my own riding. I know the member for New Brunswick Southwest will want to celebrate this success when he gets his answer in the prescribed time period.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, I do not disagree with the member that this is an important question.
He referred to the standing orders as a technicality. I do not view them that way. If he would like to amend the standing orders, I am sure there is a process that he could look into.
In the meantime, I can assure the House that the government entirely respects the standing orders. I too look forward to the positive news and the great success story that will come out when the member gets an answer to his question on the order paper.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, I am happy to join colleagues in the debate regarding this important legislation. I will begin by telling members how pleased I was with the appointment the Prime Minister made this summer of the new Minister of Indian Affairs and Northern Development.
I have had a chance to work with the minister in his capacity as a member of Parliament and before his election to the House of Commons. The Prime Minister's choice of Minister of Indian Affairs and Northern Development is an exceptional one. He will bring a great deal of energy to the portfolio. He is a man of very considerable judgment and experience and a sociologist by profession. Certainly, the academic and personal experience he has had in public service in our shared province of New Brunswick and in the Government of Canada will make him one of the most effective ministers in the history of the department.
I support the bill and the historic agreement contained at the heart of the proposed legislation. Some issues were raised by hon. members opposite concerning the bill. I think it would be appropriate and useful to address some of the specific issues.
Allow me to put the Tlicho agreement into context, and there has been a great deal of discussion on both sides of the House. It would be very useful for colleagues to understand the context in which the legislation operates.
The Tlicho agreement is designed to operate within the constitution of Canada. Subsection 35(1) of the Constitution Act recognizes and affirms existing aboriginal and treaty rights. There are notable Supreme Court rulings, the Sparrow decision for example, that clarify the nature of aboriginal rights. However, the full scope and extent of these aboriginal rights has not yet been determined in law.
The courts have repeatedly encouraged the resolution of aboriginal issues through negotiation rather than litigation. As we know, litigation is a more costly, adversarial and certainly time consuming way to address these difficult but important aboriginal issues. The Tlicho agreement is a product of negotiation and is designed to achieve the constitutional objectives as set out in subsection 35(1) of the Constitution Act.
To use a phrase that we have heard before in this chamber on this specific issue, let me emphasize that this agreement exists within the four square corners of our Constitution. In addition to ensuring this constitutional framework is not altered, we have also guaranteed that the Charter of Rights and Freedoms, itself a constitutional document, remains untouched. It is a fundamental principle of the government. I might remind Canadians that it is the Liberal Party and this government that have defended the Charter of Rights. In fact in 1982 the Liberal government, led by the late Prime Minister Pierre Trudeau, enacted the Charter of Rights of which we are all so proud.
It is a fundamental principle for us that all Canadians, aboriginal and non-aboriginal, enjoy the rights and freedoms that the charter guarantees.
Article 2.15.1 of the Tlicho agreement provides that the Canadian Charter of Rights and Freedoms applies to the Tlicho government in respect to all matters within its authority. In addition, article 7.1.2b states that the Tlicho constitution shall provide for protections for Tlicho citizens by ways of rights and freedoms no less than those set out in the Canadian Charter of Rights and Freedoms.
Let there be no confusion. The Canadian Charter of Rights and Freedoms, a constitutional document, applies. As a result the rights of women, for example, are and remain protected. In fact the agreement supports gender equality by giving all Tlicho citizens, including women, a larger voice in governance. Tlicho citizens, regardless of gender, will also have equal access to the benefits provided under this historic agreement.
Women play a strong role in Tlicho communities. In fact the majority of Tlicho people in post-secondary education are women, women who will eventually play strong roles in the communities and governmental structures that are brought into effect by virtue of this agreement.
Members opposite were also enquiring about matrimonial real property. The issue I know is particularly critical on reserves. The Tlicho people, however, will live in public communities. These communities will be created by territorial legislation and territorial laws will apply, including those respecting matrimonial real property.
The relationship of laws is a very important element of this agreement and is the subject of some debate by members of the House. Let me assure all members that this relationship is very clearly laid out in the agreement and in the corresponding legislation.
The legislative powers of the Tlicho government will be exercised concurrently with law-making powers of Canada and the territorial government itself. That means, all laws will continue to apply. If it happens that there is a conflict between a federal law of general application and a Tlicho law, the federal law will prevail. It is clear. There are no exceptions to this fundamental principle of the conflict of laws. In the case of a conflict between a Tlicho law and a territorial law, the Tlicho law will prevail, except in the case of international legal obligations. In this case the territorial law will prevail.
Let me very clear. Canada's ability to negotiate and implement international treaties is not fettered by this legislation or by this agreement. In fact the agreement contains provisions to clarify that precise point. The agreement provides assurance that the Tlicho government will exercise its powers in ways compatible with Canada's international legal obligations. If the Tlicho government passes a law or takes an action that prevents Canada from performing an international legal obligation, article 7.13 of the Tlicho agreement requires the Tlicho government itself to remedy its law or action to enable Canada to perform its international legal obligation.
There may be a future international treaty that may affect a right of the Tlicho people. The agreement has a provision for that as well. Canada is required by article 7.13.2 to provide an opportunity for the Tlicho government to make its views known either separately or through a forum. This does not mean that Canada cannot enter into an international treaty. It means it must discuss the matter with the Tlicho government.
We have also heard issues raised by members concerning the perceived lack of finality in this agreement. In fact one of the major benefits of Bill C-14 is that Canada receives certainty and clarity about legal rights of ownership and management within a significant portion of the Northwest Territories.
This will create a much more predictable and secure decision making environment, with the potential to attract investment and economic growth. The Tlicho people will have fee simple title to 19% of their traditional territory. Canada will have finality from the Tlicho concerning the remainder.
The members opposite have also raised the issue of self-government rights. Canada believes that all Tlicho self-government rights have been addressed in this agreement. However, should a future court of competent jurisdiction determine that there is an additional Tlicho self-government right, the agreement establishes clearly a negotiation process by which those rights can also be addressed.
My colleagues referred to chapter 27.6.1 specifically on this point. I would recommend that they read this section carefully, as it very clearly deals with one specific issue. Chapter 27.6.1 allows for equitable treatment among all aboriginal groups in the Northwest Territories concerning tax power or exemptions.
This is to ensure that when future land claims and self-government agreements are negotiated in the Northwest Territories, the taxation regime of the Tlicho can be altered, so that it is compatible and equitable with the others. I think my colleagues will be pleased with this provision as it ensures that all taxation regimes in the Northwest Territories will be equal and compatible.
There are many other benefits for Canada as well. This agreement will provide the Tlicho people with the opportunity to enhance their participation in the economy of the region and in the territory as a whole. They will for example have the tools to become more self-reliant. The land, resources and financial benefits they receive from this agreement will put them in a better position to undertake new business initiatives and partnerships with industry.
The Tlicho agreement targets the objective of closing the economic and social gap that exists between aboriginal Canadians and Canadians in general. As stated at the Canada-Aboriginal Peoples Roundtable on April 19, 2004, it provides new opportunities for the Tlicho to enhance its self-sufficiency.
In my constituency of Beauséjour I have a number of first nation communities. Like the Tlicho people they are trying to develop their own economies. They are becoming more self-sufficient. They are developing an entrepreneurial class of aboriginal Canadians who seek to participate fully in the economic promise of our country.
I happen to have the largest aboriginal community in New Brunswick, Elsipogtog, which is adjacent to a francophone community called Richibucto. One of the proudest moments I have had as a member of Parliament was to go to a little ceremony in this French-speaking francophone village where the mayor and the municipal council decided that in addition to having their municipal signs welcoming people in English and French they would also add the Mi'kmaw words to their signs and welcome the Mi'kmaw people who live a few kilometres away in Elsipogtog. It is a small example, but a very worthy one, of some of the healing and the coming together that has taken place between aboriginal and non-aboriginal communities.
I happen to have the largest fishing harbour in my constituency, also in the village of Richibucto. It is right downtown, on Main Street in fact, and it is the biggest fishing harbour in my community, the largest in terms of active fishermen. The elected head of the harbour authority is a Mi'kmaw gentleman from the community of Elsipogtog.
He has been elected by aboriginal and non-aboriginal fishers to head their local port authority. It is a great example of aboriginal fishers and non-aboriginal fishers working together to develop a new harbour and to cooperate in some of the economic opportunities that the fishery will afford them in the years to come.
There are success stories in the country in terms of aboriginal and non-aboriginal people working together. I feel very fortunate in my constituency in New Brunswick to have witnessed first hand many of these success stories. The Tlicho agreement and Bill C-14 is a very important step in bringing together many of these values for which we have fought.
To conclude, if my colleagues opposite read Bill C-14 carefully and thoroughly, they will understand that this agreement not only holds enormous benefits for the Tlicho people and for the Northwest Territories, but indeed, it offers great benefits to all Canadians as well.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, I thank the member for Edmonton—Leduc for his question. I know he has a very broad interest in this subject matter and has contributed constructively to many issues in the House of Commons.
He referred to two particular issues. First, is the issue of international treaties and the authority of the Tlicho government to enter into international agreements and the role of the Government of Canada in terms of entering into international agreements that may affect the Tlicho government. As I said, the Government of Canada retains the sole jurisdiction to enter into international agreements even though some of these agreements might affect the Tlicho government or a Tlicho citizen or the Tlicho First Nation.
Although the agreement and this legislation would create a Tlicho government, which would have law-making powers, the Tlicho government would not have the authority to enter into any international agreements. The law-making powers are specifically outlined in chapter 7. It also contains the limitations and conditions concerning these powers, and specifically, the powers concerning international legal obligations.
It is obvious, and I said this in my comments, and the member for Edmonton--Leduc correctly noted, that in a circumstance where the Government of Canada was entering into an international legal obligation, a treaty, that would have an impact on the Tlicho people or the Tlicho government, there would be a process of discussion and a process of consultation.
That is clearly enunciated and has been a very clear position of the government. However, at no time would the jurisdiction of the Government of Canada to enter into a binding legal obligation be fettered by this legislation or by subsequent legislation enacted by a territorial government, for example, the Tlicho government.
The member also raised the issue of conflict of laws. In a federation like Canada there can be a conflict of laws between different legitimate jurisdictions at any given time. As I said in my comments, there should be no doubt that federal legislation will always be paramount in the case of a conflict. If there is a duly determined conflict of law between something enacted by the Tlicho government and the Government of Canada, the paramountcy of federal legislation, legislation passed in this Parliament, will always be paramount.
As I said, this is an evolving process. In the case of territorial legislation and legislation or regulations passed by the Tlicho authority, we give effect to the Tlicho authority in this legislation. That has been very clear.
We have to be careful not to leave Canadians with the impression that this legislation evacuates the right of the Parliament of Canada to legislate. That is simply not the case.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, I thank my hon. colleague, the Parliamentary Secretary to the Minister of National Defence, for his question. He too represents a constituency in western Canada, in British Columbia, and has spoken passionately and convincingly about the need for the government to reconcile its relationship with first nations and to allow first nations, as he himself has said, to take more control of their own destiny, their own future, their own institutions, their own economic development, and in many cases their own resources.
The Tlicho agreement is an agreement and it is important that we keep emphasizing that. It has been arrived at through a negotiation process. This agreement, brought into effect by the legislation before the House today, is a very important step to bring this first nation into its own. It will give it the control of its own institutions and the ability to decide its own future in a way that will be compatible and positive for all Canadians.
My own personal experience in New Brunswick has taught me that there is a great deal of desire on the part of first nations to become economically self-sufficient, to educate their people, and to advance the rights of women in their communities.
We have a long way to go to make aboriginal people full participants in Canadian society. The Prime Minister, the government and the minister have made it very clear that the Tlicho agreement is a wonderful step forward. We hope that it will be followed by other first nations who seek to take control of their own institutions and to participate fully in the governing of their communities.
When I think of the first nations people whom I represent, they would view this Tlicho agreement as a model and something that I hope many other first nations, through a negotiated process with the Government of Canada, can also strive to attain.
The promise is limitless. If we look at the natural resources, the human resources, the spirit, and the culture of these first nations people, the Government of Canada has shown a great deal of leadership with respect to this legislation and this agreement in ensuring that their aspirations and hopes were also achieved.
View Dominic LeBlanc Profile
Lib. (NB)
Madam Speaker, I ask that all questions be allowed to stand.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, we are proud of the most remarkable improvements ever seen in the equalization and territorial formula financing programs.
The Prime Minister and his provincial and territorial counterparts have agreed on a new framework that will increase the budget for assistance to the provinces and territories by $33 billion over 10 years.
This increased funding will help the less prosperous provinces and the three territories to honour the commitments made in the ten-year plan to strengthen health care and to satisfy their other priorities.
For Quebec, it will represent about $477 million more in fiscal year 2004-05. This framework is essential because it will ensure that all Canadians, wherever they live, have access to comparable public services.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, I have the honour to table a number of orders in council recently made by the government.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, I ask that all questions be allowed to stand.
The Speaker: Is that agreed?
Some hon. members: Agreed.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, you will be surprised to see that I am asking that all Notices of Motions for the Production of Papers be also allowed to stand.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, I ask that all questions be allowed to stand.
The Deputy Speaker: Is that agreed?
Some hon. members: Agreed.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, I would ask that all questions be allowed to stand.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, I rise on a point of order. There have been discussions among all parties and I believe if you were to seek it you would find unanimous consent for the following motion:
That, at the conclusion of Oral Questions on Friday, October 22, 2004, the House shall hear a brief statement by a representative of each party to pay tribute to Senator Jean-Robert Gauthier.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, there have been discussion on all sides of the House and I think you would find unanimous consent for the following motion. I move:
That, notwithstanding Standing Order 54(2), during the adjournment of the House the week of November 7, 2004, the time provided for the filing with the Clerk of any notice be no later than 2 p.m. on Friday, November 12, 2004.
View Dominic LeBlanc Profile
Lib. (NB)
Mr. Speaker, there have been discussions among all the parties in the House of Commons. I think that you would find unanimous consent for the following motion:
That, at 3:00 p.m., on November 1, 2004, the House shall resolve itself into a committee of the whole to recognize Canada's 2004 Athens Olympic and Paralympic Games athletes.
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