DEBATES OF THE LEGISLATIVE ASSEMBLY (Hansard) - Thursday, November 22, 2007    Bill 45 2nd Reading - J. Horgan   (system requirements):

J. Horgan: It is a pleasure, a privilege and an honour to rise and participate in the debate on Bill 45, the Maa-nulth First Nations Final Agreement Act. Before I speak to the substance of the legislation and my remarks at second reading, I want to acknowledge the comments of the member for Peace River South.

I had the good fortune of participating in some longhouse ceremonies in my constituency and around Greater Victoria with first nations here in the south Island. What I've learned from that respectful process is that people speak and put their thoughts and views into the open - where everyone listens quietly and respectfully and, regardless of whether they agree or disagree, acknowledges the heartfelt intent of those words.

As we work in this place.... Just a few hours ago we were hurling invective back and forth at each other - angry, riddled with animosity about ideology and perspectives on public policy issues. But when it comes to issues of substance and of social justice like treaty-making, I think we need to put all of that aside and learn a lesson from our first nations brothers and sisters on how respectfully they conduct their debates. So I acknowledge the position of the member for Peace River South, and I respect that he has a view that's different from mine on this issue.

Some years ago in the 1990s I was deeply moved to observe from the gallery Joe Gosnell speaking from the Bar of this place. I wept, in fact, at his words and his wisdom. Just weeks ago I had the privilege of sitting in this House and listening to Kim Baird represent the Tsawwassen people so ably.

Then this week, just yesterday, I want to add Violet and Richard Mundy, Charlie Cootes, Therese Smith, Robert Dennis and Bert Mack as first nations representatives of the Huu-ay-aht, the Ucluelet, the Uchucklesaht, the Toquaht, the Ka:'yu:'k't'h'-Che:k:tles7et'h' nations - the Maa-nulth Nations - who were here to speak to us about the importance of this treaty to their people and their future.

I want to echo the words of the minister when he referenced George Watts, who was, in my opinion, one of the most eloquent speakers, aboriginal or non-aboriginal, that I've ever heard speak, particularly when he had passion. Sadly, he's not here to see a portion of the Nuu-chah-nulth peoples reconciling with British Columbia and Canada and finding their place in their homelands. I will quote, if I may, Therese Smith's comments. She quoted George Watts when he said: "We need to move forward. We will make mistakes, but we will learn from them."

It's that simple wisdom, I believe, that should motivate us as we move ahead in British Columbia and in Canada making treaties with other first nations. Certainly, I am anxious to see treaties reconciled and concluded with peoples in my communities on the west coast of the island: the Beecher Bay band, the T'sou-ke First Nation and the Pacheenaht people. I know the member for Saanich North would want to see some resolution to the Douglas treaty groups who have been deprived their rightful place in British Columbia as first nations.

As we debate this bill and other bills that will follow, I think that if we adopted the ways of first nations people.... We've had these discussions. We've allowed members like the member for Peace River South to say his views, to speak them honestly and passionately. We've listened to him with respect and dignity, as we should, and as first nations would as well.

I had the good fortune of being in the Huu-ay-aht territory some years ago with Robert Dennis and others. That territory is traditionally around the area of the community of Bamfield, and I was there to do some work with the Huu-ay-aht people on the Pachena Bay campsite. I learned a great deal in the short time I was there. I was taken to an archaeological site, the remains of a longhouse that had been in existence thousands of years ago on the site of the Huu-ay-aht people. Thousands of years, hon. Speaker - imagine that.

For thousands of years, the Huu-ay-aht, the Nuu-chah-nulth Nation and other first nations up and down the west coast of Vancouver Island fished, gathered, hunted and used the land for their benefit and the benefit of future generations.

It was with sadness that I went to the Sarita River, where I was told by Spencer Peters and Stella Peters - Spencer was here yesterday with Robert Dennis - that they used to be able to almost walk across the Sarita River in the fall when the salmon returned. Now there are no salmon at all. They used to go into the forests to collect berries and mushrooms and to harvest cedar. Now all of those trees have been harvested; virtually all of them have been taken away. The justice we do today by moving forward with this treaty for the Huu-ay-aht people is long overdue.

I would just like to quote Robert Dennis. I know we're very short on time. Robert Dennis said yesterday, addressing this House from the Bar: "We entered this modern-day treaty with a goal in mind. The goal in mind was that we would make lives better for our people. We want to see more of our children educated. We want to see more of our people earning a meaningful income within their homeland. Today we hope those things can become a reality. Working with you, we are positive that those changes will occur."

The word "hope" was in that quote. Chief Bert Mack spoke of hope as well, as did Therese Smith. In fact, all of those who addressed us from the Bar yesterday spoke of hope for a new future. For the Maa-nulth people, I believe this treaty will achieve that.

But what about other bands and other nations across British Columbia and certainly in my community and the community of my colleague from Cowichan-Ladysmith? What of those nations? How can we reconcile with those nations when the process is in doubt in the minds of many first nations, when overlap leads to conflict between nations, and the governments of Canada and British Columbia allow that to take place without seeking a way and a means to resolve that?

I think we need to do three things. We need to change the mandates for these negotiators, whether they be provincial or federal. I think we need to add resources to the process to ensure that we can come to honest and honourable reconciliation with our first nations. And we need to revitalize the process.

I know that the minister is listening carefully, and the Premier will listen carefully as well - or review these words. The challenge we have in this House, in this parliament, in the time we have remaining, I believe, should not be lost.

This is the second treaty to come before us in a very short period of time. We have worked together, both sides of the House, with some disagreement, to ratify a first treaty, as His Honour Steven Point did today. We have an opportunity to do it again today with this treaty.

Why not resolve today as legislators to restart the Aboriginal Affairs Committee so that both sides of this House can work together cooperatively to kick start the treaty process, to get more final agreements in place? Send a message to those nations not participating in the process that: "This can work for you as well. It's worked for the Tsawwassen; it's worked for those people in the Nuu-chah-nulth nation, and it can work for you."

It can work for the Cheslatta. It can work for those in the Douglas treaty group. It can with work for all British Columbians.

I know the minister listens carefully to those comments. He will find the resources. He will try to find a way to kick-start the mandate. He will invite those on this side of the House, who I believe have made it fairly clear over the past number of weeks that, when it comes to treaty-making, we are at the forefront. We were when Premier Harcourt created this process, and we want to be there again as we get it going so that we can have more first nations reach the resolutions in their lives that we all hope for.

Again, I'd like to conclude by reading another quote from Robert Dennis, who hosted me so many years ago in his territory. It's interesting. The federalgovernment said to the Huu-ay-aht: "Build your houses over there." And they said: "But that's a floodplain. The waters come there every five or ten years." They said: "No, no. That's a good place. You build your houses there."

So they built their houses there, with moneys from the federal government under the racist Indian Act. Then when the waters came, they went back to the federal government and said: "Our houses are flooded." And they said: "Well, we don't have money for that. We had money for housing, but not for restoration."

We were in not the longhouse but the large hall - the big house, I guess - in Huu-ay-aht territory. The huge, huge logs had to be asked for as a donation from, then, MacMillan Bloedel. Those logs belonged to the Huu-ay-aht people, and they had to go cap in hand asking for them. It's outrageous.

Nonetheless, Robert Dennis concluded his remarks yesterday with this quote, and I would like to do that myself. He said "This treaty, in my view, is for all of us, because today British Columbia can stand proud and say: 'I was part of that change. I was willing to stand up and say things must change. Things cannot stay the same. Things cannot remain status quo.'"