Advertisement

Government says it will pass Sask. MP's Indian Act reform bill

Canada's aboriginal affairs minister says the government will pass proposed legislation from a Saskatchewan Conservative MP aimed at overhauling the Indian Act — although there may be changes.

However, Opposition MPs say they're opposed to Desnethé-Missinippi-Churchill River MP Rob Clarke's proposed Indian Act amendment and replacement act.

On Thursday, Clarke's private member's bill was debated in Parliament for the first time.

He asked Aboriginal Affairs Minister John Duncan if the government would support it and Duncan agreed.

"The Indian Act is a barrier to the success of many First Nations, which is why we support in principle the private member's bill that proposes concrete, incremental steps to create the conditions for healthier, more self-sufficient First Nations communities," Duncan said during Question Period.

"This approach is consistent with the government's own approach to Indian Act reform. We look forward to studying the bill, exploring opportunities to improve it and passing it into law."

The Indian Act is the law that describes the government's financial responsibilities and other commitments to First Nations people and sets out the system of reserves.

Many people have argued that it's paternalistic and should be scrapped in its entirety.

Clarke says that's what he wants to happen eventually, although his bill would make some changes that wouldn't gut the main parts of the law.

Instead, the proposed changes include:

removing references to residential schools.

removing obsolete language that says First Nations can't sell alcohol on First Nations land.

allowing First Nations to pass their own bylaws without federal permission.

Clarke said the most important part of his legislation is a requirement the aboriginal affairs minister report annually on the progress being made toward the repeal and replacement of the Indian Act.

"This is not a partisan effort," Clarke said. "I am doing this as a proud Canadian who has served my country and also as a First Nations man who wants to see a better life for First Nations and all Canadians."

During debate, NDP and Liberal MPs said they're opposed to the bill because, among other things, Clarke didn't properly consult First Nations. That's a complaint that the Federation of Saskatchewan Indian Nations has also raised.

Clarke, a member of Saskatchewan's Muskeg Lake First Nation, said he contacted more than 600 First Nations and asked for input.

"Consultation does not entail receiving emails from people," B.C. New Democrat Jean Crowder said. "It does not entail posting some information on one's website."

Clarke got some support from Alberta Conservative Brian Storseth, who said the bill will start a needed dialogue between the government and First Nations.

"We all agree this is a paternalistic piece of legislation that has been a failure and that is rooted in 200-year-old language," he said.

When the debate ended, the acting Speaker said the bill (c-428) would drop to the bottom of the order paper.

Meanwhile, MPs have been told interim Liberal leader Bob Rae's private member's motion about the Indian Act will be debated on Monday. It calls on the government to consult with First Nations about replacing the Indian Act with new legislation.