That Bill C-27 be amended by deleting Clause 1.
That Bill C-27 be amended by deleting Clause 11.
That Bill C-27 be amended by deleting Clause 13.
Mr. Speaker, for the public watching, Bill would:
...[provide] a legislative basis for the preparation and public disclosure of First Nations' audited consolidated financial statements and of remuneration, including salaries and expenses, that a First Nation or any entity that it controls pays to its elected officials.
Also, it would require that this information is published “on a website maintained by or for the First Nation,”. This is from the legislative summary prepared for the House.
I have proposed three amendments to the bill and I will speak specifically to those three amendments. One of them would delete the short title because, as always, the titles are often misleading. When we are talking about financial accountability and transparency, one would expect that the government would provide resources so first nations would have the ability to do some of the things that are being requested of them, and that there would have been adequate consultation before this bill was put forward.
The two sections of the bill that I propose deleting include clause 11. This clause of the bill allows “...any person...may apply to a superior court for an order requiring the council to carry out the duties under that section...”. Through the bill, an additional burden is being placed on first nations by allowing members of the general public to take a first nation to court if they do not feel that the information is published as required under the legislation. Nobody would argue that leadership in first nations should not be accountable to their own members but the bigger concern is having anybody being able to put this additional burden on first nations.
The third clause that I suggest we delete is the administrative measures clause. It would vest far too much power with the minister. This would allow the minister to “withhold moneys payable as a grant or contribution to the First Nation...” if they are in breach of the legislation, and that the minister would be able to “terminate any agreement referred to in paragraph (b)”. We would see more power being vested in the minister, which is a dangerous trend that we see throughout the current government.
I will touch on where this legislation came from and why we as New Democrats have some serious problems with it. In the legislative summary, it is pointed out that currently first nations communities have an estimated average of 168 reports and that in some communities that goes up to 200 reports that are required by the federal government. In December 2006, the Auditor General pointed out that “AANDC alone obtains more than 60,000 reports a year from over 600 First Nations, [and the Auditor General] concluded that the resources devoted to the current reporting system could be better used to provide direct support to communities”.
Any of us who have first nations communities in our ridings can attest to the fact that we have serious problems in many communities, whether it is housing, drinking water or education, and we continue to see these problems grow. The government has not committed the resources, the attention or the building of the relationship to ensure some of these problems are dealt with.
The reporting burden on first nations is not new information. In 1996, the Auditor General issued a report dealing about the reporting, and that has gone on report after report. It is not just first nations and the Auditor General who are talking about the problems. We also have a Conservative blue ribbon panel from December 2006 which wrote a report entitled, “From Red Tape to Clear Results”. In that report, the panel devoted a special section to the first nations, Inuit, Métis and other aboriginal organizations.
The report states:
The panel is of the view that mechanisms other than grants or contributions for the funding of essential services such as health, education and social assistance in reserve communities are needed....
It went on to say:
[W]e were reminded that the current practice of treating these kinds of transfers to First Nations, Inuit, Métis and Aboriginal organizations as more or less standard contribution arrangements is fraught with problems and leads to a costly and often unnecessary reporting burden on recipients.
That was the Conservatives' own panel and we have not seen the kind of action needed to deal with these reporting requirements. The assistant auditor general appeared at committee with a prepared statement on October 29, 2012. He stated:
At that time, we met with first nations and were told that they were willing to explore ways to ensure that the information needs of Parliament were met, and they stressed the importance of internal accountability. From their perspective, accountability is non-hierarchical and is based on shared objectives. They stated that the reporting framework was of limited value to them, was onerous, and did little to enhance accountability to the community.
That is a very important point because the bill is being sold as enhancing accountability in communities. If I have an opportunity, I am going to read a statement by the Canadian Bar Association about why simply posting numbers on a website does not necessarily enhance reporting accountability within communities. I am sure many people in the House could speak to the fact that we also need resources provided to communities so that community members actually have the knowledge to interpret the financial statements.
Financial statements, in and of themselves, do not speak to whether people are getting good results for their dollars. They are not talking about benchmarking the number of houses built, the number of children attending school or the number of people who now have access to clean drinking water. A financial statement does not provide that information. People say that by putting numbers on a website, accountability is somehow miraculously going to occur.
First nation leadership and community members would all agree that it is important to have accountability between chiefs and councils and their membership. The Assembly of First Nations back in 2006 produced a position paper entitled, “Accountability for Results”, which contains numerous suggestions about how accountability could be improved both from the federal government to first nations, because that is one accountability measure that is currently not in place, and second, from chiefs and councils to their memberships. It was an amendment the NDP proposed, but of course, it was voted down.
One of the proposals that the Assembly of First Nations made was that there should be an ombudsperson. The proposal stated:
[First Nations]-led and [First Nations]-specific institutions will be needed, as First Nation citizens must be empowered to hold both their local government and the Government of Canada to account. Such institutions include an Ombudsperson's office, so that individuals have a trusted venue to pursue accountability concerns outside of either the local or federal governments. They would also include a First Nations Auditor General who could both provide ongoing advice to assist [First Nations] governments in providing accountability and, at the same time, improve accountability by exposing problems and recommending solutions.
First nation leadership across this country has been at the table consistently proposing solutions to the government and the government has failed to act on any of them. One of the big sticking points about this piece of legislation is the fact that there was not appropriate consultation. I would be remiss if I did not quote from the UN Declaration on the Rights of Indigenous Peoples. Article 19 states:
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
Once again there is a piece of legislation before the House that does not have that free, prior and informed consent. One would think, given that the government almost a year ago committed to a new relationship, that it would have that free, prior and informed consent before bringing legislation forward. We are seeing bill after bill being introduced in the House without that kind of consent.
In fact, an official from the department yesterday talked about omnibus Bill , clauses 206 to 209 in division 8, and said that it was fine for the government to go ahead without that free, prior and informed consent because, after all, they were just technical amendments. That is simply not good enough in this day and age. If the government is committed to a new relationship, it should make sure that it goes beyond engagement and consults with first nation communities across this country and ensures that legislation is what first nations are asking for.
:
Mr. Speaker, I appreciate this opportunity to represent the concerns of my constituents from the great Kenora riding. That includes 42 first nations, 25 of which are isolated or not accessible by road.
I want to speak on just two things for the purposes of my 10 minutes.
First, on Motion No. 1, that Bill be amended by deleting clause 1,
[Translation]
If I have time, I will address the reporting requirements, the second issue raised by the opposition member.
[English]
Under debate is clause 1 of Bill . The clause reads:
1. This Act may be cited as the First Nations Financial Transparency Act.
Essentially, Motion No. 1 goes to the very heart of Bill and so I would like to speak about the purpose of this legislation and why this is necessary and therefore its title.
In accordance with provisions in their funding agreements, first nation governments are already required to provide Aboriginal Affairs and Northern Development Canada audited consolidated financial statements and a schedule of remuneration and expenses for all elected officials. That deals with the redundancy piece that the member opposite keeps raising.
It is also a provision of these agreements that the audited consolidated financial statements be made available to the first nation membership in the community. On a large scale, this has not occurred. However, these agreements do not stipulate the manner and timing of disclosure. Many first nation governments have put into place sound accountability practices that ensure transparency and help to build confidence among members and other stakeholders.
I have said repeatedly at committee that, as often may be the case, the simple process of making these documents publicly accessible, in my respectful and humble view, will demonstrate that a great number of chiefs and councils are actually in full compliance and very competently managing their financial affairs, despite any challenges we hear. However, this bill is necessary because some first nations have not yet consistently developed and adopted these practices.
We have heard from first nations' constituency members and organizations with substantive and substantial concerns. As a result, questions have emerged about the financial decisions of first nations leaders and how first nations' monies are being spent; questions that can undermine the confidence of the public in all first nation governments, including those who are working to be transparent in their leadership. Indeed, at committee we heard from several witnesses who strive for that.
Ensuring the public disclosure of financial information would help to clarify the actual situation by explicitly stating the expectations of first nations in law with respect to accountability for the financial management of their governments and transparency in the remuneration and expenses that they incur in their roles as chief in council and any other activities with which they are involved. Greater transparency of financial information, including these notes for remuneration and expenses, would remove the speculation that currently exists and dispel rumours around the management of funds by first nation governments and the salaries of their leaders.
The bill would ensure that first nation community members have the information necessary to make informed decisions about their leadership and are better prepared to hold their government to account. The bill, and the easier access to financial information it promotes, would also support better policy development as it relates to first nation people.
One of the witnesses who appeared before the committee, John Graham of Patterson Creek Consulting, pointed out, “...public policy is always better if there is essentially good information”.
However, while this information is currently provided to the department, it cannot be shared in any meaningful way to promote this kind of public discussion. We want that conversation to occur between community members and their government. We, as a department or a minister, would prefer not to get involved in it. This goes to the very essence of self-governance, that conversation taking place between those two constituents and not having the department and/or minister involved in it.
The public disclosure of financial information of first nations governments has another benefit of increasing the confidence of potential investments. That level of transparency, with more complete and accurate information about potential partners, joint ventures that we are hearing about and exciting business development on reserve can flourish when these kinds of building blocks are put in place in the first nation people around the concepts of governance in an effort to put it out there to their community members and to the public.
In particular, I am thinking of the potential for business parties to engage in what we know has the potential to be flourishing new relationships in all kinds of first nations communities, particularly in the isolated communities of the great riding and . Some of these communities are landlocked by good economic opportunities. They are finding ways to do that. We are working in partnership with them, with small business centres across our vast region. We look forward to a more integrated level of participation by first nations communities in our resource sector and the likes. These kinds of businesses want to understand what the financial positions of their first nations governments are and build on the strength of that relationship, from things like that.
We see this as an opportunity to further develop relationships with the private sector in addition to strengthening the relationship with the private sector to strengthen their economy.
[Translation]
The second thing I would like to say on the subject of reporting requirements, which was mentioned earlier, is that there is no mention in this bill of the burden currently facing first nations when it comes to reporting. First nations already have to produce consolidated financial statements each year, which are audited by an independent, accredited professional auditor as a requirement of their funding agreements with Aboriginal Affairs and Northern Development Canada, or AANDC.
The bill's objective is to increase transparency and accountability, requiring that these financial statements be disclosed to members of the first nations community as well as the general public. Once these practices become the norm, first nations will be in a much better position to prove that they deserve to benefit from more flexible funding arrangements. The purpose of the bill is to increase the financial transparency of first nations government, although we do expect this to reduce the reporting burden for many first nations in the medium and long term. This is not an immediate priority.
[English]
Bill is going to deal with the residual issues we have heard from some important stakeholders. We have heard from grassroots citizens across the country, the Peguis First Nation, first nations communities out in Nova Scotia and community members from the great Kenora riding, to name a few.
The private sector is excited about new relationships with first nations communities. We appreciate the critical mass of first nations communities that have chosen to lead by example and demonstrate to other orders of government processes for accountability. This includes furnishing these documents by way of public access, typically on the Internet for their members, disclosing salaries, honoraria and expenses associated with the operations of the chief and council specifically and ensuring information about community infrastructure and decision making would be easily accessible and available via the Internet and elsewhere as applicable.
Our government is not only confident that the bill will be supported by most first nations members seeking to improve the transparency and accountability of their band governments, but we also believe that first nations elected officials will welcome this opportunity, through the bill, to demonstrate that they are already operating as accountable governments. The next important step is simply to supply that information to their constituent members.
:
Mr. Speaker, I am pleased to rise today in response to the last minute report stage amendments by the member for . What the member is trying to do is admirable in attempting to delete clauses 1, 11 and 13. I would also propose that we delete clauses 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 as well. Bill is a bad bill from a bad place.
The minister went to the Whitecap Dakota First Nation to announce the legislation, but shortly thereafter Chief Darcy Bear had to write a letter to all members of committee, particularly the member whose bill this was based on, to express his complete dismay at being misled about what the bill was really all about.
Chief Darcy Bear, and all first nations, totally support the principles of financial transparency and accountability. That is the main objective of Bill . However it is totally unacceptable for the bill to have come forward without any consultation with first nations. On that basis alone the Liberal Party has been very clear that it does not want to discuss in this chamber anything that has not already been subject to full consultations with first nations. The minister was clear that no consultation took place on this legislation. There was perhaps some consultation on the concerns raised by the private member's bill that preceded this legislation, but as the government has learned the hard way, this legislation goes way beyond the private member's bill. Therefore, Chief Darcy Bear was quite surprised to see in Bill the kinds of things that have necessitated the government amendments. Unfortunately, the government has refused to accept any opposition amendments dealing with some of the other concerns expressed by first nations.
Deleting clauses 1, 11 and 13 would at least remove the bill's draconian punishment of first nations that do not adhere to its provisions, and the situation would revert to one in which the minister could use his existing powers regarding compliance with contribution agreements and future funding based on that. First nations have been concerned about this kind of consequence being written into the bill. It removes the minister's discretion in the very complex and difficult issues raised by the bill.
On the Liberal side, we are still very concerned about what Chief Darcy Bear thought was the intention of making mandatory the release of the budgets and revenues and expenditures of first nations to their members.
This bill codifies the paternalism of the Indian Act in an even worse way. The minister already has the power to compel a first nation to release its documents to its band members. The minister has been totally unable to explain to us how often this happens or any commitment that this has been measured in a real way. The problem the bill is trying to fix has been very poorly articulated by the government. We know it is the responsibility of the chief and council to report to their people. When it is a democratically elected chief and council, then it is up to their people to turf out a government or a chief and council who are not complying with the need for transparency and fiscal accountability.
It is again with sadness that we continue to hear from first nations across this country that it has not even been a year since the Crown-first nations gathering, where the promised to reset the relationship. When the government signed the UN Declaration on the Rights of Indigenous Peoples, it agreed to free, prior and informed consent, yet this bill and so many others have come before the House without any consultation with first nations.
We in the Liberal Party believe that the principle of consultation is inherent to a government-to-government relationship. The government has no idea and is still treating first nations like little children that need a governess. It is totally insulting that the government has yet again refused to consult and is insisting on this kind of legislation and did not even have the courtesy of explaining the far-reaching nature of this legislation compared to the previous private member's bill to the very chief whose first nation they announced this legislation to.
We are grateful that the government has tried to improve this bad bill by clarifying the difference between salaries and expenses. We are pleased that it has tried to rectify the issue of band owned enterprises, but we still think that this is a bad bill and we hope that the government will at least support the initiative of the New Democratic Party by deleting clauses that impose draconian and insulting measures on first nations.
I look forward to debating the bill in full later, but the Liberal Party will support the last minute report stage amendments by the New Democratic Party.
:
Mr. Speaker, I have been listening this morning to the debate on the motions brought forward by the NDP members. I am surprised they are trying to delete the important accountability clauses that are contained within the legislation. I am not surprised at the Liberal Party, which goes further. It wants to delete every single clause in the bill. Accountability and the Liberal Party generally do not go hand in hand.
When I went to law school, we were told an old joke. It was: “If you have the law on your side, argue the law. If you have the facts on your side, argue the facts. If you don't the facts and don't have the law, bang your hand on the table and shout louder”. That is what we are hearing from both of the opposition parties today. They do not have the law on their side, they do not have the facts on their side, so they bang their fists on the desk and argue about process. That is what they are left with.
They are going to say there was not enough consultation. That is not true. They know it is not true. In fact, the great member for had extensive consultation on her Bill . It was through the consultation with first nations that she brought forward the first incarnation of this legislation on financial transparency. There has been extensive consultation on this legislation.
In fact, it is first nations that want this to happen. I sat in committee and heard the stories from members of our first nations who said that when they had asked for information, it was not produced and they had been subject to intimidation and threats just for asking for the information. That is not acceptable.
By deleting clause 11, which is one of the proposals by the NDP, we would remove a very significant piece of accountability that is in the legislation. Section 11 states:
If a First Nation fails to publish any document under section 8, any person, including the Minister, may apply to a superior court for an order requiring the council to carry out the duties under that section within the period specified by the court.
How can anyone be opposed to that? It is an accountability mechanism that will be there for first nations in order to compel their council to produce information. How is someone against that? If a council is not publishing the salaries and remuneration of chiefs and councils and there is a mechanism here that is going to help them get that information, how can people in that small corner of the House stand and say that they are against it? I do not understand. The purpose of the clause is to ensure that anyone could require a first nation to publish this information. It provides an avenue of redress for first nations.
We have also heard that many first nations have made complaints directly to the minister. The opposition parties say that is a perfect system, that they should just make the complaint to the minister and have the minister answer that question. That is not about transparency or accountability. The accountability has to come from the first nation itself, and a lot do it. I do not want to be accused of standing and saying that none of our first nations communities provide this information. That is not true. Many of them do a fantastic job of providing the information to their members and being accountable to their members for the money that is spent. That is not what the legislation is designed to get at. There are some members, some communities, that are not providing this information and that is what the legislation targets.
First nations residents deserve and expect transparency and accountability from their elected representatives when it comes to these issues. In fact, in December 2010 the Assembly of First Nations passed a resolution at its special chiefs assembly, affirming the need to publicly disclose salaries and expenses to their members. They also agreed to make this financial information available on the Internet, where applicable. Nearly two years later, just over half of the more than 600 first nations have a website. Of those that have a website, less than 20 had posted their salary and remuneration on the website and on the Internet.
This proves in and of itself that voluntary compliance is not the answer. We also know that complaining to the minister is not the answer. We want to give the power back to first nations community members to get this information so they do not have to go down those roads. Bill , the first nations financial transparency act, would guarantee that all first nations members would be able to hold their elected governments to account.
In addition to the informal requests from the members to the minister to get the information, the department also receives formal complaints regarding the potential mismanagement or misappropriation of band funds and remuneration of officials. This legislation would ensure that the information would be easily accessible to everyone and it would remove the minister from the equation in many of these cases. That would promote direct lines of communication and accountability from first nation leaders to its members because it would take the minister out of the equation. It should not be a triangular approach where a first nation member complains to the minister's office, which then goes down and asks the first nation to produce it and the first nation then moves it across to the member. It should be a direct approach from a member directly to band council.
I want to make this clear as well. This is not to suggest that first nations are mismanaging their finances or are not accountable to their members because in many cases there are many examples of first nations that are doing exactly that. With the greater transparency that is offered here, many of the complaints to the minister would actually not continue because they would have the necessary information.
I listened to the member for . She suggested that producing a financial statement was not the answer because it would not state how many houses were built or what progress was made on the school, and that is true. The financial statement will not say that. However, imagine trying to understand what is happening with the finances in a community without the financial statement, the salary, remuneration and benefits of the chief and council. It is a logic first step. Once people have the financial statement and know the remuneration, they can question where all the money went. For instance, if all this money had been received, why were houses not built?
It is false for the New Democrats to suggest that this is not the answer. It is the first logical step toward putting the power back into the hands of the people. That is what good accountable government is all about. We have that kind of accountability at the federal level. Our public finances are absolutely disclosed. Individuals can make all kinds of requests for information. However, that is not what is happening with our first nations.
I am proud to stand today in support of this legislation, not only because it is good legislation but because I personally heard the stories at committee of community members saying that enough was enough, that they needed help and they needed the problem solved.
:
Mr. Speaker, my speech in this House is a continuation of my previous speeches, which have been gradually bringing to light the government's interference in first nations' socio-economic issues. I say “gradually” because I sometimes talk about fairly obscure notions, and I understand that Canadians, in general, sometimes have difficulty following what I am saying. That is why I am bringing these issues to light gradually.
Based on my short experience here in the House and my experience with community management organizations and my band council, it is clear to me that the Conservatives are allowing a major problem to go unresolved. Despite the adversity that communities face, which is often fuelled by government initiatives that have been implemented over the past 200 years, the first nations have shown resilience and ingenuity. They have found ingenious ways of rising to the challenge and establishing an underground economy. I am not using the term “underground” in the sense of “hidden” or “secret” but in the sense of “unconventional” in that the communities have tried to penetrate markets and have developed tactics that are significantly different from the economic expansion observed throughout the country. It is a slightly different way of doing things, and that is also my approach. The whole context is different. As a result, the Conservatives and previous governments have often tried to underhandedly eradicate these innovative initiatives.
We are facing the same type of scenario here. The proposed legislative initiative and amendments are trying to underhandedly eradicate innovative initiatives, even if the interests of first nations members are technically being put first. I would like to address this issue in more depth later. Although we are trying to put beneficiaries—community members who will benefit from the availability of financial information—first, given what is happening, we see that the true beneficiaries are not first nations members but certain other groups here in Canada. These groups have even positioned themselves within the committee. When this subject was addressed in committee, some lobby groups spoke up. I still have doubts in this regard since it seems as though the Conservatives are trying to please a very specific segment of the Canadian population.
Much like the comments made during committee hearings about the disclosure of First Nations' financial statements, this type of legislative initiative appeals to the lowest common denominator and fuels the reactionary fringe groups that exist in Canada.
I will give a very concrete example of a reactionary fringe group. I often tend to rely on the empirical. When this issue was studied in committee, we heard from a number of witnesses, including the Canadian Taxpayers Federation. In a rather direct, even abrupt manner, as that is my style, I questioned the witness who had quite simply been proactive and decided to appear as a witness with the consent of the Conservatives on this committee. He came to tell us that his organization would be supporting and backing this bill because there should be public disclosure throughout Canada of the financial statements and documents of corporate entities that are jointly operated by band councils. I questioned this witness and simply told him that the last time the terms “taxpayers” and “Indians” had been used in the same sentence, they had been uttered by a white supremacist in my riding. Such people do exist in Canada. We cannot ignore this reality.
This discussion could easily be hijacked. For that reason I asked the witness how he proposed to ensure that the discussion and the interest he was showing that day would not be hijacked by one of these fringe groups. I am not saying that these groups are in the majority across Canada; however, they do exist. The last time I heard about taxpayers and Indians was when a white supremacist asked me why Indians do not pay taxes. That was confrontational. What I was asking was how can we ensure that this discussion will not be hijacked because it could fuel rather extremist arguments.
What I am trying to prove is that the Conservatives are attempting to please a very specific segment of the population, not necessarily the extremist groups. However, it is a widely held view.
People who are perhaps only minimally informed about the ins and outs of the taxes paid by aboriginal peoples may justify themselves and justify the energy devoted to this kind of initiative by saying that everyone will benefit from this information. But in fact, and officially, the Conservatives announced that it was the members of the first nations who were trying to lighten the burden that ultimately rests on the Department of Indian Affairs and Northern Development when the members of the communities decided simply to circumvent their band council and go directly to the department. It is laudable to want to shift the responsibility for being accountable to the community leaders. However, doing it in a roundabout way is not. This pretext has been used to require disclosure of financial statements of a sort that does not apply Canada-wide.
Let us take the example of a private economic entity, a clearly defined corporate entity in Canada. It does not have to disclose its financial statements. However, with the initiative as it is proposed here, a corporate entity or a company that was operated jointly, or as a joint venture, with a band council would have to make its financial statements available to the public, and this would be a first.
I would note that the rule in Canada is that all laws and bills have to apply generally, uniformly and without distinction all across Canada. In this case, some companies in the communities will be forced to disclose their financial statements, and this is pretty deplorable and subject to challenge from a strictly legal point of view. Personally, I would challenge it, and there is a very good chance that will be done in the near future.
What has been called the aggressive challenge by outsiders to the communal dynamic, in support of the disclosure of the consolidated financial statements and independent revenue sources of the first nations, is enough in itself to call into question the goals and the intended beneficiaries of this bill.
Although the bill is officially an attempt to shift the burden on band councils of transmitting financial information to the members of the communities, what is really happening, and what I am afraid of after hearing what the groups who expressed an interest in this said in committee, is that this information is being hijacked by or directed to very narrow, very specific lobbies here in Canada. The disclosure is intended to make a segment of the public happy, for very partisan purposes. We have seen this in the past, and it has become the trademark of the Conservatives. Bills and initiatives are often hijacked in order to advance an agenda, a hidden agenda in this case, since there are very specific groups that will ultimately benefit from the disclosure of this information, which was initially intended to be communal and limited to the members of the communities, that certainly being a laudable goal.
And that is my submission.
:
Mr. Speaker, I thank you for this opportunity to explain how Bill would improve sound fiscal management when first nations empower community members to hold their leaders to account.
To begin, I would like to respond to the hon. member's first motion to delete clause 1 of Bill , the first nations financial transparency act. The clause reads: “This Act may be cited as the First Nations Financial Transparency Act.” Essentially, the member's motion goes to the very heart of Bill C-27, so I would like to speak about the purpose of this legislation and why it is necessary.
In accordance with the provisions in their funding agreements, first nation governments are already required to provide to Aboriginal Affairs and Northern Development Canada audited consolidated financial statements and a schedule of remuneration and expenses of all elected officials. These agreements also require that the audited consolidated financial statements be made available to first nations membership in the communities. These agreements do not, however, stipulate the manner or timing of disclosure.
Many first nation governments have put into place sound accounting practices that ensure transparency and help to build confidence among members and other stakeholders. Many prepare annual reports that are distributed to members' homes or made available in board offices or posted on the first nation's website. Many first nations governments strive to be accountable to their communities, their membership and to the federal government for the funds they receive.
Why then is the bill necessary? Some first nations governments have not yet consistently adopted these practices. As a result, questions occasionally emerge about the financial decision of first nations leaders and how first nation moneys are being spent, questions that can undermine the confidence of the public in all first nation governments, including those who are working hard to be transparent in their leadership.
Ensuring the public disclosure of financial information would help clarify the actual situation. By explicitly stating the expectations of first nations in law with respect to accountability for the financial management of their governments and transparency in the remuneration and expenses of their leaders, a minimum standard would be established and many of the aforementioned inconsistencies would disappear. Greater transparency of financial information and remuneration and expenses would remove the speculation that currently exists and dispel the rumours around the management of funds by first nation government and the salaries of first nation leaders.
The bill would ensure that first nation community members have the information necessary to make informed decisions about their leadership and are better prepared to hold their governments to account.
The bill and the easier access to financial information it promotes would also support better policy development as it relates to first nation peoples. As John Graham of Patterson Creek Consulting, one of the witnesses who appeared before committee, pointed out, “public policy is always better if there is essentially good information”. While this information is currently provided to the department, it cannot be shared in any meaningful way to promote this kind of public discussion.
The public disclosure of financial information of first nation governments would also increase the confidence of potential investors. With more complete and accurate information about potential partners, investors would be in a better position to make informed decisions about investment opportunities, possibly contributing to improved economic well-being of first nation communities.
Most of the issues surrounding the bill were aired or debated in the context of private member's Bill in the previous Parliament. It also echoes the commitments made by the Assembly of First Nations chiefs-in-assembly in their December 2010 resolution. In it, the chiefs say they:
Choose to lead by example and demonstrate to other orders of government processes for accountability, including...Itemizing and publicly disclosing salaries, honoraria and expenses associated with the operations of Chief & Council' [and] Ensuring information about community finances and decision-making is easily accessible, and available via the internet where applicable.
The government is not only confident that the bill will be supported by most first nations members seeking to improve the transparency and accountability of their band governments, but also that first nations' elected officials will welcome the bill as an important tool to demonstrate how they are accountable to their members.
To summarize, Bill is a necessary piece of legislation and I support it fully. I therefore do not support the motion currently being considered.
This necessary and advantageous legislation fulfills the commitment of the government in the 2011 Speech from the Throne. Not only is this a promise fulfilled, it is also an important step forward strengthening governance at the community level, another in a series of building blocks brought forward by our government to support economic and social development in first nations.
This is indeed a worthy cause and is clearly necessary legislation, deserving of all-party support. I urge my hon. colleagues to back Bill to ensure that first nations members enjoy the same opportunities as all other Canadians.
To appreciate the importance of this legislation, we first need to acknowledge that the current system fails to meet the transparency test. It is no secret that there have been reports of questionable financial practices in some first nations and that community members cannot get answers to their questions about these practices.
There is also no question that in some instances there appears to be a genuine need for greater scrutiny of how public funds are being spent. We have heard complaints by first nations members who were unable to access information about spending in their communities. They want to know how their chiefs and councillors are spending band funds and the salaries of their elected officials publicly disclosed. The problem is not necessarily what first nations leaders are being paid, but the fact that their community members have no way of knowing what the compensation really is. Neither do community members currently know how such decisions are arrived at.
With any other level of government, a number of factors determine the level of pay and benefits for officials. These include such things as the nature of their responsibilities and duties, the size of the community, the complexity of operating the community and the level of its revenues.
In some situations, first nation budgets are almost entirely reliant on federal tax dollars. As part of the funding allocated to first nations every year, a portion is an unconditional grant known as band support funding. This money is intended to help cover costs such as salaries for elected and non-elected officials, telephones and fax machines and other office equipment.
In addition to federal transfers, a number of first nations generate some of their own revenues through band-owned businesses or funding arrangements with other orders of government. This extra money can be used in a variety of ways, including paying higher salaries for elected officials.
There is no reliable way for first nation members to verify they are getting value for money. That is why Bill is essential. It will enable first nation citizens to confirm whether the compensation levels of their leaders are reasonable and proportionate to the required duties and responsibilities.
All other Canadians are able to hold their leaders accountable in this way. The same standard should be guaranteed in law to first nations members. If the first nations financial transparency act is passed, it will guarantee these standards.
In conclusion, the first nations financial transparency act will enhance financial accountability and transparency. It will require the proactive disclosure of audited and consolidated financial statements, enabling first nations members to see first hand how funds received by first nations have been spent.
This necessary and advantageous legislation fulfills the commitment by this government in the 2011 Speech from the Throne. Not only is this a promise fulfilled, but it is also an important step forward in strengthening governance at the community level, another in a series of building blocks brought forward by our government to support economic and social development in first nations.
This is a worthy cause, and clearly this is necessary legislation, deserving all-party support. I urge my hon. colleagues to back Bill to ensure that first nations members enjoy the same opportunities as all other Canadians.
:
Mr. Speaker, I thank my colleagues for their enthusiasm. I am honoured to speak today to Bill . This long title is quite pompous. The short title is the . That sort of title should make us wary of the bill’s intent since, as usual, the Conservative government is targeting a specific, well-defined section of the population.
There is one paradoxical reason for my interest in this subject: I represent a riding where there are no first nations communities and no first nations people. According to the official data from the latest census, conducted by Statistics Canada in 2011, only 5 persons in 100,000 reported speaking an aboriginal language. That was 5, not 5,000. In comparison, there were 345 individuals who reported speaking German, for example, which is not traditionally a language that stands out in Statistics Canada’s figures.
That leads me to another remark: we know that, as of the latest census, the Conservative government abolished the long form census, technically known as form 2B. We can question the accuracy of the current figures, in relation to historic Canadian census figures, and of the conclusions based on these figures. The precision is no longer there because, even though the official statistics say that only 5 people in my riding of over 100,000 inhabitants speak an aboriginal language, I do think there are probably more than that.
And that is why I am interested in this issue. In a riding like mine, without any first nations, the perception of first nations communities is even more important, because it forms the basis for the idea of a nation—the Canadian nation—that wants to include various groups and ethnicities.
Canada is still quite young, as it was created in 1867. That is like one year compared to the multi-millennial history of some European nations. It is quite young. One of the important things in creating a nation is to fight prejudice and generalizations, and we must refrain from targeting specific groups and accusing them, with no evidence, of mismanaging public money. That is what we are talking about today at third reading of this bill.
Another aspect that worries me personally is that of the protection of personal information. Over the years in Canada we have been able to build legislation that protects personal privacy. This bill is something new, because it would disclose information—publicly and even on the Internet—that is truly personal. This kind of personal information is not requested of other groups, but will be specifically required from certain chosen, targeted groups. That also reminds me of a private member’s bill, Bill , which similarly targets a specific group, in that case unions. Through such bills the government is trying to increase red tape and create unnecessary work in order to target these groups. That is the complete opposite of being inclusive and giving people a chance, assuming that people are not dishonest and organizations are not out to commit fraud.
If anyone wants to prove that a specific organization or group is committing fraud or misusing funds, it is up to the individual who makes that allegation to do so.
One of the amendments introduced by my NDP colleagues on the committee was to eliminate this additional burden that is being imposed solely on first nations, not on the population at large, as some of my colleagues have said. It is also important to emphasize that, under this act, the minister would be able to eliminate grants made to certain aboriginal groups based solely on speculation that funds had been misused. Once again, a mechanism is being permitted without the minister having to prove that there has been any misuse of public funds. Based solely on suspicion, he could cut grants and money that, as we saw in Attawapiskat, are sorely needed by the various communities.
Consistent with that logic, a number of reports will be required. In her speech this morning, the member for said that some organizations had to prepare more than 200 reports, which vastly increases the amount of work they have to do and artificially creates work for people who could be providing services to the public.
Do people really read all those reports, or are they merely there to generate work artificially? That is the question I would ask. Those communities need schools and drinking water. The people in my riding cannot even imagine what life can be like in an aboriginal community, because they have access to basic services. Consequently, they do not understand this gap within a single nation, where we have, on the one hand, people who have no drinking water or basic services and, on the other, those who enjoy a relatively decent life.
One may indeed wonder whether people really read all these reports and whether they are not the paradox of the Conservative government, which, as we have seen in recent budgets, is making systematic cuts to services. The main argument, if not the only argument, is that they want to reduce the needless workload involved in those services. Paradoxically, the government is creating an additional workload for groups that have been specifically targeted. This is nothing but red tape that few people can understand. In practice, only accountants will be able to understand the actual management implications of figures on certain lines of a financial report, and only they will be able to determine whether those figures are genuinely indicative of mismanagement.
Once again, I still tend to give people the benefit of the doubt, to consider that organizations, by default, are not poor managers. Aboriginal organizations are not fraudulent, and it is up to those who claim the contrary to prove it, not to create an artificial workload for all the communities, associations and entities that manage public funds.
:
Mr. Speaker, we are discussing Bill today, after it was examined by the Standing Committee on Aboriginal Affairs and Northern Development.
The government says the purpose of this bill is to improve the financial transparency of the first nations. I am going to ignore the irony of the situation, where we have the government talking about financial transparency. Everyone is aware of how grotesque that situation is without any comment being needed.
So this bill is supposed to enhance the financial transparency of the first nations by making it mandatory that their financial statements be prepared and disclosed. The information to be disclosed includes the details of the annual remuneration paid by a first nation, and by any entity that it controls, to its chief and each of its councillors, acting in their professional and personal capacity.
In addition to the obligation to report the salaries paid to chiefs and band councillors, the bill makes it mandatory to disclose complete audit reports and publish those documents on the first nation’s website for 10 years.
On this side of the House, we consider many points in this bill to be problematic, and I think the members who spoke before me have summarized them very well. For that reason, I am instead going to focus not on the content of this bill, but on the administrative burden it represents for many first nations communities.
First, the band councils already submit audited annual financial statements under agreements with the government. This bill therefore serves no purpose other than to make everything even more complicated.
According to the figures in the Auditor General’s 2006 report, a first nation has to produce, on average, 200 reports a year, when some communities have populations of 700 or 800 people—fewer than 1,000 people. This may raise some eyebrows.
If there still is not enough transparency, when first nations communities are being made to write an average of two reports a week, I would venture to suggest that the government perhaps needs to rethink the entire system. That would be more useful and more effective than adding another report on top of all the rest.
I watched the speech the member for gave when she introduced the bill; she had introduced the previous version of this bill in the last Parliament. According to her, the communities “go to great lengths to make this information available to community members. They display it on their community websites. They feature it in householder mailings. They post it in band offices.”
So the member is saying that chiefs and band councils are completely aware of the importance of transparency toward the members of their communities, and in fact they are already doing this very well without needing to be reminded by a humiliating and coercive bill.
A number of witnesses, including John Paul, a member of the Membertou First Nation, testified at the committee and also confirmed this. That witness told us: “…transparency, and disclosure of information...is very important to our leadership.... Over decades our community has provided full disclosure of our complete audit, and more recently on our website,...the complete details of compensation to all the members of council.”
I am going to digress for a moment. What about communities that, like those in my area, do not have Internet access at home? They will be forced to disclose information for 10 years on the community's website even though the community does not have Internet access. That is one of my questions that nobody has answered.
[English]
What have we learned from my Conservative colleague who introduced the bill in the last Parliament? We have learned that the chiefs and first nations elected officials recognize the value in ensuring the actions and decisions of elected officials are clearly visible to all and to the community. They recognize that their citizens share a fundamental right to know how their money is being spent. In fact, several first nations go to great lengths to make this information available to community members. Therefore, why is there a need for this humiliating and useless bill?
The bill finds its roots and origins in the racist assumption that all first nations are either corrupt or incompetent. I reject both of those assumptions. We need to stop those assumptions for good.
[Translation]
Band councils are already accountable to the government and they get the information out to their members. Why are we debating this bill? Is it because someone in the government decided that a 201st annual report would be amusing?
In the 2006 Auditor General's report, it was mentioned that 96% of first nations file their 200 annual reports on time, without any problem. The Auditor General's report did not include any kind of comment or criticism. Everything was fine. Only 1.7% of all first nations were put into third party management by the government because of financial management problems.
Are we talking about a chronic lack of transparency on the part of first nations? No, quite the contrary.
[English]
If one were to look at numbers and statistics, one would see there is nothing wrong with first nations' financial transparency. Of all first nations in this country, 96% submit their audits on time, without comments or criticism from the auditor. The lack of transparency is so minimal that I wonder why we are discussing this bill.
[Translation]
The truth is that all these reports, most of which are not even used by federal organizations, are a waste of time for first nations band councils, which could use that time to meet their population's needs. Yet, today we find ourselves debating the usefulness of a 201st annual report for our communities. Abitibi-Témiscamingue has five Algonquin First Nation communities, and some of them are seen as models of sound management and leading examples of development.
Take, for example, the Abitibiwinni band on the Pikogan reserve near Amos. Chief Kistabish and the council work very hard to ensure their community's prosperity and sustainability. Incidentally, they recently signed a historic agreement with their neighbours and a mining company. The Abitibiwinni band works in concert with stakeholders in regional development. Getting to this point took years of mutual trust. Now, the government is trying to stir up suspicion and misunderstanding.
Our Algonquin communities in Abitibi-Témiscamingue have nothing to gain from such a bill.
[English]
Other examples include Eagle Village from the Anishnabe Nation. Chief Madeleine Paul and her band council work so hard to ensure a healthy and wealthy community for future generations. She has to deal with the opportunities brought by a rare earth mining development and the danger of having Lake Kipawa polluted if things are not done properly. The Timiskaming First Nation and the new chief, Terence McBride, are also striving to seek new partnerships for their development.
[Translation]
I sincerely believe that there are other priorities. As we have seen, the financial transparency of first nations is not an issue in the vast majority of cases. Most are aware of the need for transparency and are already being transparent.
Most of my colleagues who have already spoken mentioned this, but I would like to talk about something that is extremely shocking to us: the lack of consultation with the first nations on this bill.
On a related note, and to conclude my speech, I would like to quote article 4 of the UN Declaration on the Rights of Indigenous Peoples:
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
I remind all of my hon. colleagues that it is truly worthwhile to visit the first nations communities to see just how financially transparent they are, how proud we can be of how these communities are managed, and just how interested community members are in what is going on. A great many people go to band council meetings to find out exactly how their money is being spent. If we compare that to attendance at municipal council meetings in non-aboriginal cities and towns, I think that we can be proud of our aboriginal communities. People are interested in what is being done with their money, and these council leaders do their jobs diligently and provide all the information. It makes absolutely no sense to demand a 201st annual report, when they are already doing everything they can.
:
Mr. Speaker, it is with pleasure that I rise today to speak to Bill . One of the things that I like about the bill is that it demonstrates very clearly the difference between two governments: a Conservative government and a Liberal government. In the Liberal government we saw a different approach to dealing with the important issues facing our aboriginal and, in particular, first nation communities. In the Conservative government we see an approach that the government knows best and that there is no need to do any sort of genuine consultation.
When I posed the question to the Conservative member on what sort of consultation was done, the member made reference to a previous bill and said that at committee we heard hours of debate. I believe he made reference to the fact that there were chiefs who made presentations at committee. I suspect that many members of the Conservative caucus have received a great deal of feedback on Bill or the bill that Bill C-27 is replacing because the prorogued Parliament a couple of years ago.
In the answer the government member continuously talked about post-introduction of the bill. Therein lies the difference between a Liberal government and a Conservative government. The Liberal government recognized the importance of working with first nations before we even introduced the legislation. Therein lies the difference.
If we look for leadership within the first nations prior to introducing the legislation or even prior to the drafting of the legislation, it is there. It needs to be emphasized that there is very strong leadership in our first nation communities. If the government chose to capitalize on that leadership, we would have better legislation than we have today. Unfortunately, we have the legislation, but it enables individuals like myself to demonstrate the difference between two ways of governing. One way has demonstrated far more success, that being for example the Paul Martin government in the creation of the Kelowna accord, which I will get to in a few moments.
Transparency and proactive disclosure are something that Canadians love and most politicians talk a great deal about. It is nothing new. It is something that is advocated but it is not only for first nations. I was a provincial MLA for many years and I tried to get to the bottom of how much money the NDP provincial government was paying the chair of the Winnipeg Regional Health Authority. At last count, I tallied over $500,000 for one individual working within the civil service. The numbers we were hearing were well in excess of that. I remember trying to find out how much the provincial government was paying in pensions for that position. If we want to talk about challenges, there are huge challenges in terms of trying to draw out how much money is being allocated for one civil service position. Trust me, I could talk a great deal. The issue is accountability, not just for first nations—
:
Mr. Speaker, I trust that the time for the point of order will not be taken out of my time.
The truth can sometimes make people feel a little uncomfortable but that is the reality. It is not just about the need for more accountability and transparency within our first nations, the provincial governments or, moving on, the national government. We just need to look at this huge budget bill that we are talking about.
There are huge needs out there that need to be met around the whole issue of accountability and more transparency. We have seen that there is a need for more accountability and transparency with first nations but that is nothing new, just like it is not new for other levels of government.
This is where I will mention the Kelowna accord. Members will be familiar with the Kelowna accord. It is something agreed to under former prime minister Paul Martin, through months of discussion and dialogue with representatives and stakeholders from coast to coast to coast, which in good part was led by first nations themselves. Ultimately, a report which was agreed upon. A consensus that was achieved. Paul Martin, as the prime minister, took great effort in ensuring that our first nations communities led the dialogue in many different ways. As a result, we achieved the Kelowna accord.
People should be aware that within the Kelowna accord was an accountability framework. If we look at that accountability framework, it included a first nations auditor general. What sort of an impact would that have had?
I would argue that many of the concerns that people who live on reserves or off reserves have in regard to accountability, including the leadership of our first nations, would have been addressed through that first nations auditor general. This had support and it was encouraged through our first nations.
What did the government do when it had the opportunity to implement, for the first time, a first nations auditor general. It chose to tear up the agreement. It completely discarded what it was that the previous government had put in place, which would have taken into consideration the sensitive issues surrounding financial transparency and accountability.
Let us look at the whole issue of reports. The government seems to want to place the burden for reporting on first nations. On the surface one would say that there is an obligation for some sense of accountability and that part of that accountability means providing reports. However, what we also need to recognize is that the Canadian Auditor General has seen that the federal government has already put the burden on first nations in the number of reports it continues to demand that the first nations surrender.
If the government were genuine in wanting to achieve what it hopes to achieve with Bill , it should have listened to what the Auditor General of Canada said in terms of easing the burden of some of the reports that are being requested. It should have taken that report, sat down with the leadership of our first nations people and come up with legislation that would have factored in what the Auditor General said. If it had listened to what our first nations leadership was saying, it could have brought forward better legislation for which the government would have received not only the support of all parties in this chamber, but would have had a much better base of support from the many different stakeholders.
:
Mr. Speaker, I am honoured to have this opportunity to speak to Bill .
Those watching this debate at home may be scratching their heads about the title of the bill. Canadians know that if there is one thing the government has failed on, it is accountability and transparency. The Conservatives attack every group in the country that does not agree with their right-wing agenda and they enforce transparency and accountability rules that they refuse to follow.
We only need remind ourselves of the $50 million spent in the G8-G20 debacle in the riding of the . We are now debating the fact that the government spent millions, perhaps hundreds of millions, of dollars on a botched F-35 process that did not go out to public tender. The government has no credibility with regard to accountability and transparency. Canadians are right to be concerned about this. Certainly first nations communities have almost unanimously rejected the proposal before the House today.
A concern that we and many leaders in first nations communities have is the gathering of more power in the minister's office. We see this as a trend with the government. The is telling museums how to curate. The wants to be the sole arbitrator on who is allowed to come to our country and who is not. The wants to look at emails. Now, with this legislation. the would be allow to withhold funds to first nations communities if these onerous accountability and disclosure rules were not followed the way in which the legislation would require them to do.
This is the kind of thing the government does routinely. Whether it is an NGO, union or first nations community, the government looks for ways to keep these groups under the burden of massive accountability and disclosure regimes in order to hamstring them.
There are real issues in first nations communities, which first nations have brought up with the government. They and we on this side of the House expect the government to work with first nations communities to solve these problems and not just impose arbitrary rules on them, rules that are already in place. First nations communities are some of the most transparent organizations in the country and the rules are already on the books. However, what is not on the books is the fact that the government has failed first nations communities. It has failed to discuss issues and engage with first nations communities. It cannot simply impose these requirements on communities that have their own systems and governance, which are extremely transparent.
I also want to discuss the fact that while the government refuses to address key issues in first nations communities, in some cases it requires the governance of those communities to, for example, post private information on websites. How does this enhance accountability, especially when the First Nations Regional Health Survey found that only 51% of first nations homes had Internet access and that dropped to 36% in homes with incomes under $25,000, the majority of which is on reserves?
That speaks to the issue of poverty and the lack of economic development and the lack of meaningful engagement on the part of the government with first nations communities to address the key concerns.
The government has told the management of band councils that it has to run through a million more hoops, put its information on a website in order to allow members to properly peruse the financial statements of first nations communities, when by and large the majority of the members on reserves would not be able to access that information online anyway. It begs the question as to how serious the government really is about this issue and what the real motivations are behind this kind of bill. We see this time and time again. The government uses one small example and casts a shadow over an entire organization, or an entire group or an entire nation in this case.
The Canadian Taxpayers Federation, another right-wing Conservative-friendly group, likes to make outrageous claims about first nations salaries. The average salary for chiefs is $60,000 and the average salary for councillors is $31,000. Fifty per cent of chiefs earn less than $60,000 and only five per cent earn more than $100,000. We are not talking about a system of financial abuse here, but this is the spin that gets put on this to justify this kind of legislation.
It is also important to look at this in the context of other legislative bodies in our country. For example, in Nova Scotia summaries of ministers' expenses are located at the legislative library for public viewing. In the Northwest Territories the government only publishes travel expenses of ministers and does not require salary disclosure of elected officials or senior public servants.
More important, the rules are already in place that very much adjudicate the fulsome transparency that is required, that first nations communities expect for themselves. These requirements are strong and muscular and they also require communities to make these disclosures available to members.
What is confusing is the government has not really answered a question. If the government's intent is to make these disclosures more available to members, then we can have that discussion. However, nowhere in this have we had that discussion, especially if the way the delivery of this public information is online when roughly only 36% of those on reserves can access the Internet. That is not a plan for more widespread access to this information.
The government is not really being serious about this issue and part of the reason is because the information is already available. Under the current requirements, first nations must submit to an annual audited consolidated financial statement for the public funds provided for them. These include salaries, honoraria and travel expenses for all elected, appointed and senior unelected band officials. The latter includes unelected positions such as those of executive director, band manager, senior program director and manager. First nations are also required to release these statements to their membership.
We have heard throughout the day that rules are on the books right now for proper disclosure, but that this is about making it accessible to the membership. First, the rules are already in place to make this information available and accessible to the membership and this legislation does not nearly address the key concerns of the communities.
The fact that the minister himself or herself would have the ability to arbitrarily withhold funds for schools, for social services, for water is unacceptable to us on this side of the House.
:
Mr. Speaker, it is a great honour to rise in this House to speak to the issues that are of concern to the people of . I am particularly interested in speaking to Bill .
I represent communities across the vast region of northern Ontario, and many of my communities are ground zero for the dysfunction in the relationship between the federal government and first nations.
In Kashechewan First Nation, we had two mass evacuations within one year. Not only the nation was shocked, but the world was shocked by the horrific conditions in Attawapiskat last year. Children in Attawapiskat, in a fight to get a basic grade school, had to take their fight all the way to the United Nations. We are talking about a very broken relationship. We talk about accountability. Accountability is a fundamental of re-establishing that relationship.
From my work within first nations and as a member of Parliament, I think that if the government were serious about addressing the fundamental dysfunction, it would start to shine the light of accountability within the Department of Indian Affairs, first and foremost. I have seen a black hole of accountability in that department. It shocks me that government after government continues on with the same broken old colonial system.
Getting basic numbers from Indian Affairs is an issue. The Conservatives talk about bands posting numbers. We are talking about budgets of hundreds of millions of dollars that have no accountability mechanisms to the people who should be receiving that accountability: the communities.
For example, I was trying to find out why we had such a lack of construction for schools. I was a school board trustee for the Northeastern Catholic District School Board, a little rural school board with some 15 schools spread over 400 kilometres.
Rural school board trustees have the same principles as trustees in a city like Toronto or Vancouver. They have to follow the rules. The rules are written. Literally they are the law of the land, because when children walk into a school, they have a set of rights. They do not even know what those rights are, but those rights are guaranteed in law—for example, the guarantee of a class size ratio, how much funding per pupil, how much funding to be set aside for teachers' salaries. The actual size of the classroom is written into law. Those things are all written in the laws of each of the provinces, and the funding is within ring fencing. Ring fencing is a fundamental principle of accountability.
For example, it would be impossible for the community of London, Ontario, to call its school board and tell the trustees that they are not getting a school, that the community is taking it because it has to give higher salaries to some of its staff, or that they cannot have the school because the community will be fixing some roads this year. That would be illegal.
That happens in the world of Indian Affairs all the time. The basic principle of ring fencing does not exist at Indian Affairs, because it does not want it to exist. What does that mean? Between 1999 and 2007, $579 million was taken out of the capital facilities and maintenance program at Indian Affairs. This was $579 million that would have been spent on schools, on water treatment plants and on housing.
It was roughly $72 million a year that was pilfered from these communities. Where was it spent? An answer to an order paper question explained that it was spent on management, on legal services, litigation, public affairs and communication.
While our kids were going to school on the largest, contaminated, toxic brown field in North America and being exposed to levels of benzene that caused liver cancers, skin cancers and bone cancers, Indian Affairs was taking that money and blowing it on spin doctors and lawyers. That is its lack of accountability. Until that changes, nothing will begin to move forward in these communities.
The Conservatives talk about Canadians having a right to information while they are telling the Parliamentary Budget Officer to take them to court if he wants to know how they are spending money. It was the Parliamentary Budget Officer who had to shine a light on this government's absolute failure to protect the rights of children.
Let us go back to the issue of child rights. Every child in this country has a set of rights, unless they live on reserve. Then they get whatever Indian Affairs gives them.
The Parliamentary Budget Officer looked at the situation of education on reserves. What was found was appalling, that management of school assets was erratic, haphazard and without any coherent capital methodology whatsoever.
What does that mean? It means that in half of the provinces where the federal government has jurisdiction, the capital assets are not even monitored. It is not known if the schools are open, if they are full of mould or if they are shut.
It is not known that the Conservatives had taken over $122 million out of school construction and spent it elsewhere. They said that half of the existing schools were in good condition, but they could not really tell because they had not investigated any of them. There were 77 schools listed as temporary structures. What the heck is a “temporary structure”? Is that a tent?
Canada is a signatory to international treaties on the rights of the child. Young Shannen Koostachin from Attawapiskat challenged the government. She asked why it was that because her skin was brown and she lived in Attawapiskat First Nation she was denied the rights that a child in Timmins or Toronto takes for granted.
The right to an education is not just the right to a school, which the children in Attawapiskat were not being given. I can say from a school board perspective that the right to an education is a plan for education. We have to have that plan and methodology. However, as the Parliamentary Budget Officer showed, year after year the government completely failed. It was not just this government. There has been a long-standing failure to address basic issues.
My community of Marten Falls is now seven years into a boiled water advisory, in a first world nation. This is a community that happens to be sitting right beside the Ring of Fire. I see Dalton McGuinty in Ontario saying that the Ring of Fire will save Ontario. Governments just cannot wait to get their money on those resources. I hear that from the federal government. Meanwhile, the people who are sitting beside the Ring of Fire have had to boil their water for seven years, and the government has just announced that it will cut off bottled water to the community because it is too expensive. That is a lack of accountability.
There was a plan this past summer in Attawapiskat to build 30 permanent houses. That would have gone a long way to alleviating the crisis in housing that still exists within that community. There was an agreement signed with Canada Mortgage and Housing Corporation, which does not sign agreements unless the financial wherewithal is there to pull them off. It was going to be a rent-to-own plan. It would have been a really good news story. This is what taxpayers want to hear. The government could have said that it has a rent-to-own plan with the people who are building the houses. The Indian affairs minister scuttled that deal. He scuttled it to punish the community because it made him look bad.
Under this bill, the minister gets to decide whether or not the government will withhold funds to a band that he decides he does not like. Let us talk about what that was like in Attawapiskat last January when the minister cut off education dollars to children. He used children in one of my communities as hostages to try to force the band council to its knees over the third party manager.
The third party manager finally went to federal court, which came out with a decision that the government's decision was indefensible and that it had no basis for the accusations it made against the community. However, throughout that, for three months, last January to March, the government cut off the funding to the children. That would be illegal anywhere else. That could not be done in the provincial system. If it was fighting with a town—
:
Mr. Speaker, I am honoured to rise on behalf of my constituents in Surrey North to speak on Bill .
I will speak to accountability and transparency in a moment, but I would first point out that the bill is fundamentally flawed in failing to address the real issues that we should be talking about in this House, the real issues affecting our first nation communities, including in northern British Columbia, Alberta and across the Prairies to Ontario and the rest of the country. Those real issues are housing, jobs, education and running water for our first nation young people.
It is a fundamental flaw in the bill that we are not discussing these issues that have affected our first nations for many years. We should be discussing these issues in the House to improve the lives of our first nation people. Yet, the Conservative government has failed to address any of these issues that need to be addressed.
Before starting out with a bill, it would make sense to consult the very people it would affect. We have heard in this House and at committee that the government has failed to address the concerns of first nations by listening to them, the very people the bill would affect.
It is not just about listening, but also about making changes to the bill to improve accountability and transparency. As we heard in committee, New Democrats produced a number of amendments that would have improved the bill, yet the Conservatives did not want to listen to them or make the changes.
From the Conservatives we have seen no accountability and transparency. There was no accountability by the when it came to the XL Foods debacle. We saw no transparency or accountability from the or the when it came to the F-35s. My colleague from northern Ontario talked about the lack of accountability in Aboriginal Affairs and Northern Development Canada in his speech, referring to a “black hole of accountability” there.
I think that accountability and transparency has to start with the government being accountable to the taxpayers of this country. However, the current Conservative government has failed to be accountable and transparent.
Despite hearing about transparency and accountability from the other side of the House, we have Bill and now Bill , the omnibus budget bills. The Conservatives failed to properly consult on these bills and to put them into the right committees to look at the issues affecting Canadians. I am taken aback when Conservatives talk about accountability and transparency, because the current government has not shown any of that when it comes to a number of issues that have been raised in the House.
There are a number of so-called transparency and accountability issues the government brings up in the bill. I want to highlight them and look at whether there really is transparency and accountability and if things are in place already addressing some of those concerns.
The bill would require every first nation, except those with self-government regimes, to produce an audited annual consolidated financial statement; a separate annual schedule of remuneration covering the salaries, commissions, bonuses, fees, et cetera, paid by the first nation and any entity controlled by the first nation through its chief and each of its councillors in their professional and personal capacities; an auditor's written report respecting the consolidated financial statement; and an auditor's report respecting the schedule of remuneration.
For each of these four documents, the bill requires each first nation to provide it within four months upon request of any of its members, and to publish the document on its website and retain it there for over 10 years. Here is the kicker: the minister must also publish the document on the website of the Department of Aboriginal Affairs and Northern Development. Failure of the first nation to comply with these requirements of the bill enables the minister to withhold any funds to first nations, and the minister can also terminate any funding agreement with first nations.
We heard from the previous speaker about the minister arbitrarily having these powers and the ability to withhold money for the very issues that we need to address. We saw him last winter withholding money for three months from first nation schools in northern Ontario communities.
There is a whole bunch of requirements now being put on first nations to report this stuff. I think these onerous requirements are already in place, because we can get that information already. However, I do know that the Conservatives have to play to their ideological base and interest groups to make it look like they are actually addressing the issues of first nations.
Again, if they were really concerned about addressing the real issues in our first nation communities, we would be discussing housing for first nations. We would be discussing education for every child and adult in first nations. We would be addressing water issues in first nation communities.
I have listed a number of requirements of the bill that will put an onerous burden on first nations. I also want to let the House and the people who are listening know that there are certain mechanisms in place that already incorporate some of these things. The current policy based requirements include the fact that the majority of the funding arrangements between Canada and first nations are in the form of fixed term contribution agreements under which first nations must satisfy certain conditions to ensure continued federal contribution payments. The requirements for financial reporting are also set out in AANDC's year-end financial reporting handbook. Under the year-end financial reporting handbook, first nations must submit to AANDC annual audited consolidated financial statements for which public funds are provided to them. These include the salary, honoraria, and travel expenses of all elected, appointed and senior unelected band officials. The latter basically include unelected positions, such as those of executive director and band manager.
Therefore, we already have in place arrangements where first nations provide this information when they sign agreements with the government for the funds available to them.
New Democrats are opposed to this legislation, as it will be imposed on first nations. We need to work in collaboration with first nations to come up with a framework to address the real issues that are of concern to them and Canadians. This has been going on for many years. We need to take a look at these issues. We should be discussing first nations' housing, education and running water. These are the real issues affecting our first nations, yet the government has consistently failed to address them.
:
Mr. Speaker, it is almost trite to say but profoundly important to remember that governing is about priorities and choices. A majority government is in a unique position in this regard. A majority government can control the parliamentary agenda and research whatever issue it wishes. A majority government has access to full information and the resources of our civil service and departments. A majority government can put whatever legislation it wishes before the House.
For all Canadians watching today who care about what is going on in Parliament, the government has put Bill before us. This is what the bill would do. It would require all first nations, except those with self-governing regimes, to produce an audited annual consolidated financial statement and a separate annual schedule of remuneration that details the remuneration, salaries, wages, commissions, bonuses, fees, honoraria, dividends and expenses, including transportation, accommodation, meals, hospitality and incidentals, paid by first nations, and any entity controlled by a first nation, to its chief and each of the councillors in their professional and personal capacities. It requires an auditor's written report respecting the consolidated financial statements and an auditor's report respecting the schedule of remuneration. For each of these four documents, the bill would require each first nation to provide the document upon request to any of its members within 120 days, for the band to publish this information and documents on its website and to retain it on its website for 10 years.
Furthermore, the minister must publish the documents on the website of the Department of Aboriginal Affairs and Northern Development. Failure of a first nation to comply with these requirements would enable any first nation member to apply for a court order to the Superior Court; any person, including the minister, to apply for a court order to the Superior Court; and the minister to develop a so-called appropriate action plan to remedy the breach. The minister may withhold any funds to the first nation or terminate any funding agreement with that first nation.
As all Canadians can easily see, the bill deals with first nations. I ask everyone to consider all of the issues facing first nations people on reserve and in urban areas today. There are poverty rates facing first nations that are dramatically above non-aboriginals. There are incarceration rates, both men and in particular women, far exceeding the percentage of population that first nations comprise in our country. There are reserves across this country without safe drinking water. There are reserves across this country without proper housing, where multiple generations of families, sometimes 10 to 20 people, are crammed together, living in houses built for five. There are reserves without proper schools in this country. There are substandard and fewer education dollars and outcomes for aboriginals than there are for non-aboriginals.
Across this country on first nations reserves and in urban areas, there are epidemics of suicide, drug abuse and domestic violence. There are aboriginal people in Canada today who are living in third world conditions. This past summer, Canadians saw the Red Cross sending emergency aid to Canadians living on a reserve in Canada. The conditions on the ground are deplorable.
:
Mr. Speaker, the member for has been wrong twice now. Only he and government members would stand up and say that talking about the conditions of first nations people in this country has nothing to do with a bill that deals with remuneration and disclosure to first nations people. That is something else.
The legal reality facing first nations in this country is this. We are dealing with an outmoded Indian Act, a paternalistic, ineffective vestige of colonialism. Despite billions of dollars spent by the Department of Indian Affairs, we have poor outcomes. Bands are being forced to go to court repeatedly to enforce basic rights over and over again. The government has an appalling record of violating treaties and failing to negotiate treaties with dozens of bands in Canada that have never ceded their rights, as they have in British Columbia, or signed a binding treaty nation to nation with Canada. Given all of these serious critical facts, what do the Conservatives decide is their priority to deal with when we talk about first nations? They want to go after what chiefs and councillors make.
We have done a bit of research. The average salary for chiefs of bands in this country is $60,000. The average salary for band councillors in this country is $31,000. Fifty per cent of chiefs of bands in this country earn less than $60,000 a year and only five per cent of chiefs in this country earn more than $100,000.
Fifty per cent of first nations in this country have no Internet access, period. However, the Conservatives think the priority is to require bands to post financial information of what their chiefs and councillors make on their websites instead of being concerned with the thousands of first nations that have no access to the Internet. Really?
It is absolutely appalling to hear the Conservatives talk about the accountability of first nations. They sign trade deals negotiated behind closed doors and in secret, and then talk about wanting accountability for first nation bands. The spent $750,000 of taxpayer dollars to conduct media monitoring of his own image, but the Conservatives want to crack down on first nation chiefs to make sure that taxpayer dollars are not wasted. The Conservative government brings in omnibus legislation that deprives parliamentarians of our ability to properly scrutinize laws, most of which have zero to do with the budget, but the government wants to talk about accountability. That is absolutely a joke.
New Democrats are opposed to the legislation because it was imposed on first nations without consultation and it runs counter to the Conservative pronouncements at the time of the Crown-first nations gathering that they would strive to work together with first nations. The inclusion of reporting of own-source revenues under the provision of federal legislation is unprecedented. Practically speaking, the requirement to publish detailed consolidated financial statements of first nation-controlled businesses may undermine their competitive abilities and financial success.
Now while the stated aims of Bill are to increase transparency to first nation citizens, the requirement for public posting on a first nation website along with posting on the AANDC website, and the allowance for any person, not just a member of a first nation, to apply to court for the disclosure of a financial statement and salary report, is an absolute violation of privacy. The Conservative government took away the long-form census because it thought that it was a violation of privacy to ask Canadians to anonymously disclose how many bedrooms they have in their house. However,the Conservatives do not care about forcing first nation bands to publish information about their expenses on a website without any concern for their privacy whatsoever.
The NDP does not support this legislation. The bill would not do anything to increase the accountability of first nation governments to their people. It would apply standards that are greater than those for elected officials in many other jurisdictions.
New Democrats want the government to work collaboratively with first nations to improve governance. Instead the Conservatives are cutting funding to institutions supporting governance, including the First Nations Statistical Institute and the National Centre for First Nations Governance. Changes to how audited statements are presented to first nations do not need legislation. It could be a requirement of funding arrangements with the department as each first nation government signs.
I want to conclude with something that the Assembly of First Nations said:
We all know what the problems are–they are not exorbitant salaries–they are decades of paternalism that have placed many First Nation leaders in a position where they are responsible for implementing decisions, but where the ultimate power to make decisions rests with the federal government (i.e., under the Indian Act). Not only does this continue to be patently inappropriate, it remains a recipe for poor outcomes.
Instead of the Conservatives playing politics and doing the bidding of their buddies at the Canadian Taxpayers Federation, instead of making scapegoats of some of the poorest and most vulnerable people in society, why will the government not bring forth legislation to address the very real problems facing first nations in this country, and bring them up to the standards that every Canadian should expect?
:
Mr. Speaker, I am very pleased to rise in the House to speak about Bill .
This bill is of particular interest to me, not because there are a lot of aboriginal communities in my riding, but because I put myself in the shoes of everyday Canadians who are concerned about the problems faced by the first nations, as described by my colleague, and consider the bill from that perspective.
Once again, the government foisted legislation on us without any consultative process. There is nothing new about what we are seeing today: it is common practice for the Conservative government to fail to consult those affected by its bills.
This bill is testament to the government's inability to engage in a consultative process before imposing measures. The bill will most certainly have an impact on those concerned— people who could have brought something positive to the debate. These people are better informed than we are as legislators. A consultative process enables us to put ourselves in the shoes of the people who are directly affected, who work and are active in the field on a daily basis. That is why consultations are important. The government has never bothered to hold consultations before drafting legislation.
As I said earlier, this government is often driven by a populist approach. It responds to certain specific events. In this particular case, newspapers reported that a few first nations chiefs had extremely high salaries. As usual, the Conservatives are reacting to very specific issues and introducing legislation accordingly. In my opinion, that way of legislating is not good for our country and does not help us to move forward. The government is simply reacting to small-scale events that have no broad application in Canada.
In our opinion, it is unprecedented that a federal statute would prescribe the disclosure of an independent source of income. I think this will hurt the first nations. The government claims that the bill is designed to help them and that its intentions are good, but the bill could have the opposite effect.
If that much information is disclosed, a number of businesses and companies working on reserve will have to make public more information than their counterparts. These companies will have to disclose this information to the public at large. This means posting information on a website for the whole world to see. Anybody who has access to the Internet, in Canada or elsewhere, will have access to the information. It will obviously give companies that have access to privileged information regarding other companies an unfair advantage. Businesses that are forced to publish more information will lose their competitive edge.
We believe that this will actually achieve the opposite of what the Conservatives want. This will not help the communities in any way, because those businesses will not want to remain associated with first nations, since that would put them at a disadvantage in Canadian markets. We think the opposite will occur: businesses will steer clear of first nations and the money will disappear. This means even fewer resources for first nations, which is definitely not a good thing.
Judith Sayers, who holds the national aboriginal economic development chair at the University of Victoria, gives an interesting explanation:
The fallout of this is that in an effort to remove a First Nation business from the need to publish its financial statements publicly, the business is too far removed from the First Nation and has no connection or accountability to the members of the First Nation. This whole provision needs to be seriously rethought with a business perspective as well as one of equality of other companies and businesses out there that do not need to publish their financial statements for the world to see.
We are talking about entrepreneurship, which sometimes gets the Conservatives' attention. Fairness for all companies in Canada is diminishing. Some companies will be subject to certain requirements, while others will not. It is simply unfair to those businesses.
The other point I wanted to address is the fact that accountability should exist among local governments, first nations and the population. We do not understand why this information should be made public. The goal of the bill was to make this information available to the members of aboriginal communities, not to the entire world.
This measure will disadvantage these first nations. How can the goal of this bill be achieved when countless aboriginal communities simply do not have access to the Internet? The government is missing the point here. It says the information will be posted on a website, but there are people who do not even have access to the Internet. I do not have the exact figures, but a large proportion of aboriginal communities, which are often in remote areas, do not even have access to the Internet. The government is not solving a problem. It is creating a false problem and appears to be trying to solve it in order to satisfy special interests.
I would add that accountability between the first nations and their members is already covered by section 69 of the Indian Act. Measures are already in place whereby the first nations must produce reports for the department and share the information with their members. This is already included in provisions, in laws. This bill does nothing but satisfy some lobby group, probably. The Canadian Taxpayers Federation often comes up. As I was saying earlier, because of one specific incident, the government seems to be trying to change the legislation in order to satisfy a particular group that took exception to some figures a few years ago.
In my view, this bill goes against two rulings by the Federal Court. As I was saying, it has already been said that there needs to be accountability. Two rulings mention it, including the ruling in Montana Band of Indians v. Canada (Minister of Indian and Northern Affairs), where the court found that first nations' financial statements were confidential information within the meaning of paragraph 20(1)(b) of the Access to Information Act and, accordingly, were not required to be disclosed. This bill contradicts federal legislation, namely the Access to Information Act.
We have a number of questions about access to information legislation. Will this be protected? The Privacy Act might be affected as well.
There was also Sawridge Band v. Canada (Minister of Indian and Northern Affairs). The court ruled that these financial statements are not confidential vis-à-vis the members of a first nations band, since the members of a band can have access to the financial statements of their own band under the Indian Bands Revenue Moneys Regulations.
This Federal Court ruling explained that these documents were already accessible to band members. In theory, Bill is not needed to gain access to this information. Laws and court rulings have already granted this access.
The government of a first nation must be accountable to its members. This bill is merely a reaction to newspaper articles. As I said earlier, the Conservatives like to react to specific incidents in this manner.
Members spoke about the salaries of first nations leaders, lumping them all together. However, as mentioned earlier, the reality is that the average salary of chiefs is $60,000 and the average salary of councillors is $31,000. It is important to note that 50% of chiefs earn less than $60,000 and that only 5% of them earn more than $100,000. I mentioned that the government was reacting to specific incidents that do not reflect the general reality in Canada. Only 5% of chiefs earn over $100,000. Here in the House, we all know our salary: we earn over $150,000. Should these chiefs, who are responsible for their bands, be making less than $60,000 or $30,000? This raises some questions.
Of course, the NDP supports transparency and accountability at all levels of government. We oppose useless measures that will serve only to increase red tape for first nations. I spoke about red tape a little earlier when I asked my colleague a question. The government says that all red tape must be eliminated because it costs too much and it is not good. However, there are two bills before the House that will increase red tape for unions and first nations: private member's Bill and Bill , respectively. A government that prides itself on eliminating red tape in this country is thus doing the exact opposite, and creating red tape for specific target groups in Canada.
Unfortunately, the government did not work with us in committee at all. I said earlier that the government never consulted the first nations. When it comes to consulting the opposition, the government is even worse. The government always refuses to work with us.
We proposed 18 amendments that the Conservatives never considered. As a result, we are going to vote against this bill. I welcome any questions.
:
Mr. Speaker, first allow me to congratulate the hon. member for for her work on first nations issues.
Bill concerns an issue that is not very familiar to many members of this House. I must admit that there is no reserve in my riding. In matters relating to first nations, I rely on my colleagues who have experience with this issue and on my own experience gained through discussions.
Just by chance, last Friday I was on the wonderful Kitigan Zibi Anishinabeg reserve in the beautiful Gatineau valley in the , home to an Algonquin First Nation. The hon. member for Pontiac is doing excellent work there as well. As our justice critic, I discussed various justice-related issues with a number of people from that reserve.
I was able to meet some really extraordinary people, including Chief Gilbert Whiteduck who acted as both our tour guide and our spiritual guide, so that we could get a better understanding, even in that short time, of a number of things that are happening on that reserve. We also met councillors Caitlin Tolley and Bill Ottawa. I applaud Caitlin Tolley, a young woman of 22, who has become involved in governance on the reserve. I was very pleased to meet her and councillor Bill Ottawa.
We were also able to visit Waseya House and meet the front-line workers there, Lynn Buckshot and Sue Thran.
Meeting the chief of police was also very interesting. The police force is located on the reserve and controlled by band members. The chief, Gordon McGregor, and the officers are doing extraordinary work under rather difficult circumstances. We also met the director of health and social services, Robin Decontie.
Another extremely important meeting was with Bridget Tolley and Laurie Odjick, who are heavily involved in the issue of missing and murdered aboriginal women. They work tirelessly. One of them lost her mother in an accident that the police have still not finished investigating, perhaps because lions that escape reserves get more attention than any people there, especially first nations women. Laurie Odjick’s daughter disappeared six or seven years ago. These women will never give up until all the necessary investigations are complete. Where there is life, there is hope.
I am telling you about all this because all these meetings were held in complete transparency. These people are not afraid to show who they are. However, as a proud nation, they would certainly like to be consulted when we make decisions from on high, here in these hallowed halls but far from their lands. Here we appear to say that the first nations are as important as the anglophones and francophones across this country, but when it comes time to give them full self-determination, we constantly put obstacles in their way.
Everything I have heard in the speeches since this morning has made me shudder—it is as if I am watching the Twilight Zone, a program people from my generation might be familiar with.
The government members—in their speeches and questions—have spent the whole morning talking about transparency and accountability. This is ridiculous and surely cannot be coming out of the mouths of the members opposite—because day after day we struggle to get the Conservatives to be even the slightest bit transparent and accountable. It is as if these words are not even part of their vocabulary, except when they chose to foist them on others. It is always easier to point the finger at others.
It is not a negligible problem, nor a cop-out, as some members opposite have claimed—it is a major problem.
Everybody is in favour of the principle of transparency. Everybody is in favour of the principle of accountability. However, there is one thing that we are not in favour of—and it is not just a matter of style or appearance, it is about substance. If the first nation's right to self-determination is to be recognized, it must be respected and abided by. This also means consulting those who are affected.
Engaging and consulting are quite different concepts in the eyes of the law. We must not be taken for fools, as is this government's wont.
What frustrates me the most is that introducing this kind of bill on the financial transparency of the first nations suggests that the first nations are not being transparent. This perpetuates negative stereotypes that are bandied about on our radio stations, or among people who, like me—at least before this Friday—have never visited a reserve, have no idea what they are talking about and cannot stop mouthing off. They think that all the chiefs are lining their pockets, that people are getting the wool pulled over their eyes, that billions of dollars are being handed over, and that we have no idea what is being done with the money. They are perpetuating this kind of prejudice, these kinds of bogus and extremely negative rumours that remain etched in people's psyches.
Indeed, I would wager anyone in this House that if I ventured out into the street, I would easily stumble upon nine people out of ten who would respond negatively if asked whether they thought that the first nations on reserve are transparent. Ninety percent of those I asked would probably say that no, there is no transparency whatsoever. Why is that? It is because we are allowing this kind of stereotype to be perpetuated. It is extremely condescending.
When a government claims that a people form a nation, and in the same breath imposes its own methods, that certainly does not show a willingness to deal nation to nation with people to whom we owe a lot. In fact, as Chief Whiteduck told me, even Parliament is on their territory. People may not agree on ancestral lands, on what belongs to whom, but that said, up until now, discussions among the parties has always been Canada's method of choice.
One particular aspect of this issue is especially frightening. During our meeting last Friday, when we met to talk about human trafficking—kidnapping and prostitution—and about criminal justice on reserves, no one spoke about the lack of transparency of their band council. What they spoke about were the pressing needs, those that the Auditor General herself found a few years ago and made recommendations about. There are huge needs. Poverty rates are through the roof. There are economic problems.
On the one hand, we want transparency, yet on the other hand, we are leaving them in the poorest regions, in absolutely terrible conditions. Sometimes, these are conditions we would not even subject an animal to.
I look at the problems that the police chief raised during our visit, such as the drug problem. It worries me that the is authorizing certain prescription medications that will cause problems on our streets and even more problems on our reserves. However, there are other problems, such as the disappearance of aboriginal women.
I will conclude by reading something that was given to me by Ms. Tolley and Ms. Odjick.
[English]
I am writing today to express my concern over the lack of government response to the plight of missing aboriginal women in Canada. The statistics are shocking, 580 women have been lost since 1970, more than half of that number since 2000.
It goes on to say that while the Government of Canada announced $10 million worth of funds to address this issue in the March 2010 budget, families and communities are still waiting for justice. It goes on to say that it is time for the Government of Canada to respond to the needs of families of missing and murdered aboriginal women by ensuring access to healing and justice services, and that it is time for a national plan of action to end violence against aboriginal women.
I would add that it is time for the government to be transparent with first nations.
:
Mr. Speaker, I rise today to speak to Bill , which requires every first nations community to provide the following: annual consolidated financial statements; a separate schedule of annual remuneration paid by the first nation, and by any entity controlled by the first nation, to its chief and each of its councillors in their professional and personal capacities; the auditor's written report respecting the consolidated financial statements; and the auditor's report respecting the schedule of remuneration.
The Conservatives are trying to teach the first nations a lesson about transparency. He who can, does; he who cannot, teaches. That saying is quite appropriate in my opinion because the government is very closed and not transparent and does not even want to provide crucial information to the Parliamentary Budget Officer, who needs it in order to be transparent with Canadians and tell them what the federal government is spending taxpayers' money on. The Conservatives are not even doing this much and they are asking first nations to do more. The first nations already have to submit more than 200 reports to the federal government, which is huge.
One of the most troubling aspects of this bill is that it directly affects the first nations. As an MP, when working on a bill that affects a certain group, I will consult that group. However, this is something that the government does not seem to understand. What does it mean to consult someone? It is not just listening to witnesses in committee, who do not speak for very long. It means going to see the groups, the first nations, before drafting a bill. In that way, they can say what they would like to see in the bill, what measures do not work and what will disadvantage first nations communities.
Consequently, we are very disappointed because first nations should be consulted and especially because consultations are mandatory under a UN declaration ratified by Canada. It is important that we honour our commitments. It is not just a matter of will; it is about meeting our legal obligations.
Another paradox is that the government wants to reduce the paper burden. Huge cuts were made because the government wants to eliminate red tape and increase efficiency. However, all those measures that the government wants to implement will require huge resources and result in a waste of time and money.
Right now, in our own country, people are living in crises and in appalling conditions. I am thinking of communities such as Attawapiskat, which the hon. member for is defending so well in the House. These communities do not have schools, and they do not have safe housing. It is cold in northern Ontario and people are freezing in houses that are totally inadequate.
The government should tackle these issues instead. It should ensure that every young person—and I emphasize the term “every” because we are aware of the current situation—living in a first nation community can attend school. Going to school is a basic and essential need. Why are we not debating this issue? It is because this government's first bill on first nations seeks to impose transparency measures on them, without consulting them, without consulting those who will be most affected. The government is not dealing with critical issues such as drinking water and food. Incidentally, food is not available at an affordable price in northern rural communities. People must pay exorbitant prices for fresh food.
The government says it wants to eliminate red tape to increase efficiency. However, when other governments already have to file 200 reports and will have to produce more, the Conservatives do not even take into consideration the fact that this may impair these governments' ability to provide direct services to citizens who really need them.
My time is up. I will continue later.