Bill C-11 · 37th Parliament · Paul Martin
Westbank First Nation Self-Government Act
An Act to give effect to the Westbank First Nation Self-Government Agreement
Government bill. Became law.
- IntroducedFeb. 12, 2004
- Debated in principleFeb. 12, 2004
- Studied by a committeeDone
- Passed its first chamberApril 27, 2004
- Passed the second chamberMay 4, 2004
- Became lawMay 6, 2004
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Paul MartinPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
83% of the text as introduced was changed or removed by the time it became law (1,868 words introduced, 1,728 passed).
substantial changeintent mostly kept
The bill underwent substantial revision, with 83% of the introduced text changed or replaced before royal assent. Core provisions giving effect to the agreement were retained, but a new section on surveys and minor wording updates were added.
- Added exception clause limiting the new survey rule.
After: “(2) Subsection (1) does not apply in relation to boundaries between Westbank lands and other lands.”
How precisely it is written
mixedChallenging the law: HardDisputing a charge: Moderate
The Act is precise where it fixes definitions by direct reference to the Agreement, sets conflict rules, and lists excluded statutes. It becomes vague through a broad subjective power to issue any regulations the Governor in Council deems advisable.
Open to argument
“make any regulations or orders that the Governor in Council considers necessary or advisable for the purpose of carrying out the provisions of the Agreement”
The phrase relies on the subjective judgment of the Governor in Council rather than an objective test.
Clear-cut
“In the event of a conflict between this Act or the Agreement and any other federal law, this Act or the Agreement prevails to the extent of the conflict.”
This supplies a clear, mechanical rule that resolves priority without further discretion.“The Indian Act does not apply in respect of the Westbank First Nation, its council, its members or Westbank lands except to the extent provided by the Agreement.”
The exception is narrowly tied to the text of the Agreement rather than an open-ended standard.
Discretion. The Governor in Council retains wide latitude to adopt any regulations or orders it views as necessary or advisable, with no further statutory limits or defined criteria.
Challenging the law itself. Defined terms, cross-references to the Agreement, and explicit conflict clauses leave little room for successful vagueness or overbreadth arguments under the Charter.
Disputing a charge under it. Because many duties and powers are defined only by reference to the external Agreement, parties can readily dispute the exact scope of obligations.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.