Evidence of meeting #5 for Indigenous and Northern Affairs in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was aboriginal.
A recording is available from Parliament.
5:25 p.m.
Liberal
Todd Russell Liberal Labrador, NL
When the department was involved in the development of the bill, did the whole discussion of whether adequate consultation had taken place come up, generally speaking?
5:25 p.m.
Senior Counsel, Aboriginal Law and Strategic Policy, Department of Justice
The issue of consultation was part of the discussions that took place, but I'm not sure there's much we can say beyond that.
5:25 p.m.
Liberal
Todd Russell Liberal Labrador, NL
Can you elaborate a little bit on what the operating principles are when it comes to consultation? As the Department of Justice, have you arrived at the conclusion that you don't have an obligation to consult with aboriginal people when it comes to drafting legislation? Is that the opinion of the department? Is that the advice you give the client?
5:25 p.m.
Senior Counsel, Aboriginal Law and Strategic Policy, Department of Justice
Well, as we said, the advice we've given government is subject to solicitor-client privilege, but the advice is consistent with the guidance from the Supreme Court of Canada.
5:25 p.m.
Liberal
Todd Russell Liberal Labrador, NL
So when the government chooses to consult.... I'm making the assumption here that when you say it's consistent with the guidance of the Supreme Court of Canada or other court decisions--
5:25 p.m.
Senior Counsel, Aboriginal Law and Strategic Policy, Department of Justice
I mentioned to Ms. Keeper that the law is clear about consulting with respect to decisions relating to resource management executive decisions; there is no clear guidance as to a duty to consult with respect to the passage of legislation.
5:25 p.m.
Liberal
Todd Russell Liberal Labrador, NL
But surely there must be an operating principle that you use as a guide in terms of consultation. You don't just say we have no clear position on this.
It's my experience with the Department of Justice that they do take clear positions on things and they will be very substantial in defending those positions. You usually arrive at some collective decision around things like consultation and then you defend it to the hilt. That's why you have 900 lawyers over there, to do that type of thing--
5:25 p.m.
Conservative
Rod Bruinooge Conservative Winnipeg South, MB
On a point of order, Mr. Chair, consultation is not part of this current amendment. We've talked to the consultation debate for many months. Mr. Russell is not discussing the merits of this amendment right now.
5:25 p.m.
Conservative
The Chair Conservative Barry Devolin
I have allowed a lot of latitude today, Mr. Russell, on a bunch of things. Mr. Bruinooge is right. Do you have some specific questions, even somewhat related to the clauses that are actually in the--
5:25 p.m.
Liberal
Todd Russell Liberal Labrador, NL
Well, I would beg to differ with the chair. Every question I've asked, in some way, shape, or form, is related to the amendment before us.
I can't speak for Ms. Crowder, but no doubt the amendment itself has arisen because of issues around consultation, interpretive clauses not being included in the bill, and what not. So whether or not they're on each individual a, b, c, or d, they are in fact speaking directly to the amendment.
5:25 p.m.
Conservative
5:25 p.m.
Liberal
Todd Russell Liberal Labrador, NL
I mean, there are Christmas wishes out there, and you may want to allow one of them to go to Santa Claus.
I just want to continue. Is there a clear operating principle when it comes to the drafting of legislation by the federal government and consultation with aboriginal people? Can you just answer about whether you have a guideline.
5:25 p.m.
Senior Counsel, Aboriginal Law and Strategic Policy, Department of Justice
There's no particular guideline. There is a recent announcement--I'm not sure if it's the Ministry of Indian Affairs--about moving toward a policy on consultation with aboriginal people; there's an action plan to get there.
In terms of consulting on the development of legislation, I think the general operating principle, whether it's legal or policy, is that there are many good reasons to consult on the development of legislation in order to get good statutes at the end.
5:30 p.m.
Conservative
The Chair Conservative Barry Devolin
Members, the bells are ringing.
On my list for Thursday, when Mr. Russell is finished, I have Mr. Albrecht and Mr. Warkentin.
I hope that in the next 48 hours committee members will see the wisdom of bringing this discussion to an end and moving on to the question. I wasn't going to cut an individual member off, especially on his first question.
I will see everybody back here on Thursday afternoon at 3:30.
The meeting is adjourned