Madam Speaker, I thank the hon. member for her interventions and interest in this issue. I would like to point out a couple of inaccuracies in her observations and her comments and then ask a question.
First, she mentioned the Gitksan and Wet'suwet'en and Gitanyow first nations in terms of infringement. These problems were anticipated many years ago and are included in paragraph 33 of the agreement. I draw to her attention where it says that nothing in this agreement will derogate from any of the existing rights of other aboriginal people. The answer to her comments and concerns is no.
Second, it is not a constitutional document in the sense that the Manitoba act became part of the Constitution of Canada. She is misreading section 35 which recognizes existing aboriginal rights in Canada. It therefore follows that there is no need for a constitutional amendment. If the parties want to change the agreement, as it is discussed and contemplated in paragraphs 37 and 38, the Government of Canada can do so through an order in council. It is absolutely not true and it is fuzzy thinking to suggest to the House that there is a need for a constitutional amendment.
In terms of the process of the legal case, Justice Campbell of the B.C. supreme court, one of her own leading justices, has properly stated that this treaty should be debated in the House of Commons and parliament before any judicial activism is allowed to proceed.
Again we point out the contradictions of the Reform Party. On one the hand the member raised the question of child pornography and it wanted to usurp the courts and have it done in parliament. Now that has changed. It wants to utilize the courts and bypass parliament.
If I could reasonably satisfy her by using the reasonable man or woman test and convince some of her constituents in South Surrey that it is not a document that necessitates a constitutional amendment, and that the charter does apply as it specifically says in the agreement, would she do the proper thing and represent her constituents by standing in her place and supporting the deal during debate in the fall when the document comes to the House?