Thursday, March 27, 2008

Hampton Questions Bryant in Legislature

http://hansardindex.ontla.on.ca/hansardeissue/39-1/l015.htm

ABORIGINAL RIGHTS

Mr. Howard Hampton: A question to the Premier: The Premier will know that there are several members of the Kitchenuhmaykoosib Inninuwug First Nation here today, and Ardoch First Nation. Under the McGuinty government, First Nation leaders have been forced to defend their aboriginal rights and traditional lands in court and through peaceful protests. The response of the McGuinty government has been to put the leaders of these First Nation communities in jail. Why? Because the McGuinty government has failed to live up to its constitutional obligation to consult and accommodate these First Nations.

My question to the Premier is this: If there is a new relationship with First Nations, as maintained by your government, why do you continue to put First Nation leaders in jail when they're simply standing up for their constitutional rights?

Hon. Dalton McGuinty: I'm going to take the first part of this question and give the supplementary to my colleague. I want to take this because, frankly, I find that what the leader of the NDP is suggesting is offensive. There is an independent judiciary; there is an independent judicial process. The result of that process is not something that is dictated, governed, influenced in any particular way by our government. And he knows better than that.

For him-I mean, especially as the former Attorney General-to continue to insist that somehow we have manipulated the judiciary to result in the incarceration of some particular Ontarians is completely wrong, and he should not continue to make those offensive kinds of allegations. They are unbecoming.

Mr. Howard Hampton: Premier: Today's date, you received a letter from representatives of those First Nations. Here is the point that they make. In both cases, the McGuinty government gave permits to mining companies without consulting and accommodating the First Nations. In both cases, when First Nations were forced to take legal action and peaceful protest-in the face of this-government lawyers representing Ontario supported the mining industry's legal manoeuvres at every stage. It is those legal manoeuvres which have resulted in the incarceration of the leadership.

Now, Premier, the First Nations have put a very reasonable proposal to you: "We call on you to support the unconditional release of our leaders and negotiators. We also call on you to accept the proposal made to you by Ardoch" First Nation "on January 11, 2008, and by KI on January 17, 2008...." Will you do that, Premier? Or is it your intention to continue to support the legal manoeuvres of the mining companies?

Hon. Dalton McGuinty: To the Minister of Aboriginal Affairs.

Hon. Michael Bryant: Not only, obviously, did the government not have a hand in their incarceration, but the Attorney General's agent, the crown attorney, opposed their incarceration. We were against the incarceration. You've surely seen the transcript. I know the member has seen the transcript and, as a former Attorney General, he will know that the crown would take a position in court to this effect.

That's why this government doubled the budget for aboriginal affairs in the budget of yesterday. That's why, in fact, since Dalton McGuinty became the Premier of Ontario, the aboriginal affairs ministry budget tripled. That's why this government entered into an agreement that saw $3 billion going to First Nations over the next 25 years. There is a new relationship with First Nations, Metis and Inuit people, and I look forward to working with leaders in the future in order to forge an even better one.