First Reading, October 9, 2002
Second Reading, October 2002
Committee Stage, November 2002
Report Stage, January 2003
Third Reading

Description: The federal government states that the Specific Claim Resolution Act will set up a more efficient and fair process that will offer First Nations more choices than does the current system. The new claims body will consist of both a Commission division to facilitate and ensure good faith negotiations through dispute resolution mechanism, and a Tribunal division to make binding decisions on the validity of grievances, compensation criteria and award compensation. In September, in the new session of Parliament, Minister Nault reintroduced Bill C-6 into the House of Commons. At the Committee stage, the Bill was rushed through the Liberal dominated Standing Committee on Aboriginal Affairs in three days allowing testimonies in only three sittings. First Nations were only allocated 6.5 hrs. The National Chief and other First Nations were given five minutes to make their presentations while many others were denied their requests. The testimonies from First Nations unanimously state the Bill is inadequate. Some First Nations proposed amendments to the bill. The majority of First Nations, however, stated the bill is fundamentally flawed and should be withdrawn and to resume negotiations with the Federal Government which reflected the national position. The Liberals used its majority to ram Bill C-6 despite the opposition of First Nations. Strategies for the delay of this bill are being implemented through a continuing lobby with the parliamentarians.

Analysis: Bill C-6 will establish a Tribunal to hear claims that cannot be settled at the Commission level, however, it will have very little authority to make binding decisions for the federal government. Additionally, the Bill will not create an independent and impartial body to resolve the huge backlog of stalled claims. With the unilaterally determined cap of $7m on claims, the federal government will not be bound to compensate the majority of claims that are estimated to be more than $7m. The federal government will also control the pace of settlements and decisions. The bill also adds a list of claims that cannot be filed.

First Reading: October 9, 2002
Committee Stage

Description: The federal government states that Bill C-7, the First Nations Governance Act (FNGA), will improve the lives of Indian people by giving First Nation governments legal capacity which will make it easier to conduct business and attract investment, introducing election codes, more transparent financial management and accounting requirements and more effective administration codes. The Minister of Indian Affairs has made the FNGA, the centerpiece of his suite of legislation. The four priorities in Bill C-7 are matters concerning governance authorities, financial management, elections/leadership selection and legal capacity. First Nations are concerned with both the process and content of the FNGA.

This proposed Bill was re-tabled in the House of Commons on October 9, 2002 for the First reading. It was then referred to the Standing Committee on Aboriginal Affairs, Northern Development, and Natural Resources (SCAA) for hearings on the Bill. This is a departure from usual parliamentary procedure that will presumably allow the Committee greater latitude in making amendments to the Bill and to provide the second round of ‘consultations’ to First Nations according to the Nault plan.

Both AFN and COO urged the Committee to conduct extensive hearings in First Nations across the country to eliminate additional financial burdens to First Nations wishing to be heard. The Committee opted for a limited schedule; they will hold hearings in 20 urban locations. The Committee will not hold any hearings in any First Nations, yet another example of total disregard to First Nations who will bear the brunt of the legislative impacts. Hearings in Ottawa started on January 27 and will end on February 14. Most of the presenters selected for the Ottawa based hearings appear to be those who support the government agenda for First Nations and who will not be directly impacted by the proposed legislation. This observation raises questions regarding the independent status of the Standing Committee. Hearings across the country will held from February 17 – March 31, 2003. The hearings in Toronto, Sudbury and Thunder Bay will beheld during the week of March 16 – 21, 2003. COO will make a presentation to the Committee in Thunder Bay on March 20, 2003.

COO lobby efforts and political action will continue to focus on the withdrawal of Bill C-7 and the suite of legislation in favour of our own alternatives supported by many recommendations made in the 1983 Penner Report, 1996 RCAP Report and current case law including the Delgamuukw and Marshall Decisions.

First Reading: December 2, 2002
Second Reading: Scheduled for February 5, 2003

Description: The federal government states that this proposed legislation will make First Nation communities more financially independent and attractive to investors by creating four fiscal institutions for First Nations:
1) Tax Commission – Will assume and streamline the real property tax bylaw approval process and help balance community and ratepayers interests.
2) Financial Management Board – Will help train First Nations in financial management and accounting practices to provide transparency and certainty investors require.
3) Finance Authority – Will enable aboriginal communities to collectively issue bonds to raise money for road, water, sewer and other infrastructure projects.
4) Statistical Institute – Will conduct data collection and analysis for use by First Nations to support improvement in the quality of life.

The consultative draft First Nations Financial and Statistical Management Act was unveiled at a Press Conference on August 15, 2002. The consultative draft was tabled in Parliament as Bill C-19 on December 2, 2002. The bill is on the order papers for Second reading on February 5, 2003. It is presently not known whether this Bill will be referred to the Standing Committee on Aboriginal Affairs or the Standing Committee on Finance. There is a concern that the passage of Bill C-19 will be fast tracked if it is referred to the latter. The ongoing parliamentary activity will be monitored.The implementation steps for Bill C-19 are: 1) Consultative Draft Process 2) Introduction of Bill in Parliament 3) Committee Process 4) Enactment of Legislation and 5) Implementation of Institutions.

Analysis: This bill, the FNFSMA, is consistent with the federal agenda that is behind the FNGA agenda. Canada does not want to deal with rights, especially the inherent right, and it doesn’t want to increase fiscal transfers to First Nations. Instead, the federal government blames the victim, the First Nations. The FNFSMA, like the FNGA, promotes on-reserve revenue collection (through taxation and own source revenue) and the imposition of tighter and tighter financial management rules. There is no mention of increased fiscal transfers or resource revenue sharing which is key for economic self-sufficiency.