Mahsi, Mr. Chairman. I would like to make some comments on treaty and aboriginal rights. There have been many comments made about the issues of treaty and aboriginal rights, as they pertain to education. I don't think enough can be said about these issues because someday, somewhere, they are going to have to be resolved. Until then, I, for one, and I am sure my colleague beside me is going to continue to raise these concerns.
The basic concept for education is that all aboriginal people have a right to free education. That includes post-secondary education. The Standing Committee on Legislation, in their report, mentioned, and I quote: "Until treaty and other aboriginal rights are clearly defined, there is no way to include it in this act. To try to include it would imply a resolution and definition of these education rights, which is not the case." Mr. Chairman, I believe that all people who are impacted agree that it is a federal fiduciary responsibility to provide education to aboriginal people, especially treaty and Inuit people.
However, the contentious issue in the Northwest Territories is that the federal government transfers money for education to the Government of the Northwest Territories. I believe -- and I could be corrected here -- by accepting this money, the Government of the Northwest Territories then takes over responsibilities for educating aboriginal people in the north. Therefore, I can't buy the argument that people continue to use that it is only a federal jurisdictional issue. I believe by
accepting the money and the responsibility, that we also have to accept some of the jurisdictional issues that go with it. Reference is made in the preamble to the act, which refers to the rights and freedoms of aboriginal people, as set out in section 35 of the Constitution of 1982. However, I still don't believe that just by making that reference it goes far enough. The Government of the Northwest Territories cannot abrogate its responsibilities for providing programs and services to aboriginal people.
This government should be actively supporting aboriginal people in their negotiations and in their fight with our federal government to define and to agree on what aboriginal and treaty rights are. This government must be front and centre in supporting organizations who are in negotiating treaties, self-government or regional governments. Their position must be made public and must be followed by all government Ministers and employees.
There are still several concerns about the wording in the preamble. I have several questions which I would like clarified when we do get to the preamble. Do the words in the preamble include modern treaties or land claim agreements?Are our future agreements -- the ones that are presently being negotiated -- going to be included? Does section 35 of the Canadian Charter cover all of these?
There are many references in the act, especially where it pertains to the levying of fees and charges. This is one area that causes aboriginal people concern because we always believe that we have an inherent right to free education. Eventually, if this act is passed, then clarification is required as to whether any of the respective sections of the act contravene the agreements or intentions as laid out in treaties 8 and 11 or any of the land claim agreements. This issue has to be brought forward, as a majority of our population are aboriginal people.
Mr. Speaker, I thank you for the opportunity to raise these concerns and I'll now take a break to allow my colleagues to take their turn. Mahsi.