2006 Legislative Session: Second Session, 38th Parliament

2006 Legislative Session: Second Session, 38th Parliament
HANSARD

Official Report of

DEBATES OF THE LEGISLATIVE ASSEMBLY

(Hansard)

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THURSDAY, MAY 11, 2006

Afternoon Sitting

Volume 11, Number 7

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Search terms for Thursday May 11, 2006:

Nisga’s Treaty

Sean Kocsis President IIG-All Nations Institute

Gregor Robertson NDP MLA – Advanced education critic

Murray Coell Lib MLA-Minister of Advanced Education

Death of Ian Bush in RCMP Custody

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THURSDAY, MAY 11, 2006

The House met at 2:03 p.m.

NISGA'A TREATY

G. Coons: Treaty-making rather than litigation or confrontation is the best road to the reconciliation of the prior presence of aboriginal people in Canada with the sovereignty of the Crown. The Nisga'a treaty has historic impact in Canada and provides insights for future land claims negotiations in Canada and in other

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jurisdictions. The Nisga'a treaty is often called the beacon of hope.

The Nisga'a treaty or land claims agreement is the only treaty signed in British Columbia in the 20th century, the first treaty or land claims agreement to achieve certainty without extinguishment or surrender of aboriginal rights, the first Canadian treaty to include all self-government provisions, the first treaty or land claims agreement to include a provincial Crown as a full participant since the James Bay and northern Quebec agreement in 1975, the first treaty or land claims agreement to provide certainty in respect of a first nation's rights to participate in a major commercial salmon fishery.

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The Nisga'a treaty faced unprecedented focus and length of debate here in the British Columbia Legislature. The treaty withstood 471 proposed amendments in the House of Commons, was tested at three rounds of parliamentary hearings, was exhaustively examined by the Senate of Canada, and was subjected to sustained and sometimes international media coverage for over four years. Yet the treaty as negotiated was passed into law, gaining royal assent and implementation in the spring of 2000.

The Nisga'a vision has held steadfast for over 10,000 years. In the spirit of Sayt K'il'im Goot, the Nisga'a Nation is a place where the Ayuuk language and culture are the foundation of Nisga'a identity, where language is a way of life, where striving for sustainable prosperity and self-reliance continues, where trust and understanding flow through effective communications, and where governance and services evolve to meet people's needs — one heart, one path, one nation.

Today, May 11, is the sixth anniversary of the historic signing of the Nisga'a treaty.

IIG ALL NATIONS INSTITUTE FUNDING

G. Robertson: The IIG All Nations Institute is an indigenous, public post-secondary institution in Burnaby. It is also Canada's first autonomous degree-granting indigenous institute. Their mission is to provide an accredited post-secondary specialized program, skills training and research opportunities dedicated to empowering first peoples.

The Premier speaks boldly of his government's commitment to aboriginal education. However, despite being our fastest-growing public institution since 2001, despite being debt-free and operating with a balanced budget, the All Nations Institute has had its enrolment capped and its funding frozen. It's been excluded from the budget and accountability meetings the minister holds each year with all other institutions and told not to provide multi-year plans.

Can the Minister of Advanced Education explain why the All Nations Institute, which is a public post-secondary institution, is being treated like a poor cousin?

Hon. M. Coell: I think the member was with me when we just opened their new classrooms and new building in the Open Learning Agency building. They're doing a great job. We're working with them to see how we can help them grow in the future.

Mr. Speaker: Member for Vancouver-Fraserview has a supplemental.

G. Robertson: I think the minister missed the point of my question. The All Nations Institute does not receive an annual capital allowance or maintenance for targeted lease funding. They do not receive any capital funding. Their board of governors is appointed for two to six months at a time, rather than the typical multi-year appointments of all the other institutions.

The All Nations Institute has been tremendously successful, but it's clear that the reward for their success is to be starved of funding and to have their enrolment capped. In recent estimates debate with the minister, the minister stated that he was "anxious to have the IIG come back into the fold."

They've been marginalized for years under this government. How much longer do they have to wait?

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Hon. M. Coell: I think the opening of new classrooms and renovations to their institution is a commitment on our part — also a commitment on our part to work with them to help them grow. They're a new institution with a bright future.

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DEATH OF IAN BUSH IN RCMP CUSTODY

R. Austin: The disturbing case of the violent death of Ian Bush, a 22-year-old Houston resident, last October is once again bringing into question the timeliness of investigations into deaths that involve our police forces. Ian Bush died while in RCMP custody. He was shot in the back of the head. The only other person in the room with him was a young RCMP constable.

The B.C. Civil Liberties Association has called on the RCMP complaints commissioner to investigate but have been refused. Ian's mother has repeatedly asked the RCMP for answers to her son's death and also has been refused. When asked by the media for information, the RCMP said: "The public doesn't have a right to know anything." Even the Attorney General has publicly acknowledged that the investigation of Ian's death is fraught with procedural and perception problems.

To the Solicitor General: what action is he taking to see that the facts of Ian's tragic death are made known to Ian's family as soon as possible?

Hon. J. Les: As I think everyone in this House knows, there is a very deliberate process laid out that occurs when a tragedy occurs such as the one in Houston recently. That matter has been investigated by the independent detachment out of Prince George. That investigation is now being reviewed by the New Westminster police, and we all look forward to the results of those investigations.

What is unfortunate, Mr. Speaker, are the absolutely asinine comments that have been made recently by the.…

Mr. Speaker: Minister, do you want to withdraw that comment?

Hon. J. Les: I withdraw, Mr. Speaker.

What is unfortunate are the completely uncalled-for comments that have been made by the federal member from the Skeena riding. I believe those are completely inappropriate, and if in any way the member opposite agrees with those comments, that is indeed shameful.

Mr. Speaker: The member for Skeena has a supplemental.

R. Austin: My question had absolutely nothing to do with any comments made by anybody else and has all to do with how a young man went from being charged with having a beer in a public place to being dead an hour later.

Perhaps the Solicitor General agrees that the public doesn't have a right to know anything. After all, I understand the internal RCMP investigation is complete and is currently being reviewed by the New Westminster police. But while the police do their investigations and reviews, the coroner is doing nothing. He's doing nothing, despite the clear wording of the act that says that every death of a person in police custody must be the subject of an inquest.

An inquest does not determine blame; it determines facts. Yet the chief coroner for B.C. — as a matter of policy, not law — refuses to start an inquest until after all judicial options have been exhausted. In short, Ian's family is looking at months, if not years before they will find out why he died as he did.

Again to the Solicitor General: why does he allow these unconscionable delays to simply finding out why Ian died?

Hon. J. Les: Well, I hope it is clear to everyone in this House that what is necessary at the end of all of these processes is that we learn all of the facts clearly and accurately. At the end of the day, there must be justice obtained by everyone who is a party to these particular cases.

The member also ought to know that a coroner's process cannot proceed until all other potential judicial processes have been completed. We do not know at this point whether judicial processes may be necessary. Until we know that and until we know that those processes are complete, a coroner's process would be completely inappropriate. I'm surprised that the member opposite does not know that.

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[End of question period.]