Indigenous and Northern Affairs committee  That's correct.

Indigenous and Northern Affairs committee  We haven't gone out and solicited first nations across Canada. The first nations are coming to us, to government, to say they want to be involved. One out of five first nations are either involved or want to be involved. I know that as chairman of the Lands Advisory Board, I'm receiving continual calls, continual inquiries, and those numbers keep growing.

Indigenous and Northern Affairs committee  That's correct. I suppose you have capacity issues. You have far northern, remote issues. I think those are factors. I know you may not have full councils that are 100% in support of changes. Because of divisions in chiefs and councils in their own governments, there isn't consensus.

Indigenous and Northern Affairs committee  I would, and I understand what Mr. Clarke has formally suggested and why the question was put in that context. I don't support the consequential amendments of the Indian Act, in general terms, because I simply don't agree with that governance component of it. It doesn't provide that governance component.

Indigenous and Northern Affairs committee  I think it would certainly be more acceptable. If you have lengthy laws, it should be the Internet, for certain, and not newspaper publication. That would be only one example. If that were the “or” that would be used, I would certainly agree with it.

Indigenous and Northern Affairs committee  I agree with you in that sense. I understand. I believe what you're suggesting in that case, where the minister has the authority or the power to disallow those bylaws, is the Indian Act process. Again, that's separate from what I'm trying to suggest to you with regard to law-making and that sort of thing.

Indigenous and Northern Affairs committee  That's assuming there isn't an alternative process that will put first nations in a self-governing state. I think that's really the essence and the focus. If resources are going to occur, I think they'd be more appropriately spent to do that: to empower the first nations with self-governance powers.

Indigenous and Northern Affairs committee  Perhaps I can answer it in this sense. I believe that appropriate governments, like first nations that have land codes in place, have to be accountable, have to be respectful of the communities they serve, and have to reflect good governance. That requires the creation of good laws.

Indigenous and Northern Affairs committee  That's a good question, Mr. Clarke. We certainly publicize our laws appropriately. We don't use bylaws because we're a lawmaker. Consequently, as a lawmaker, we're not a subsidiary to another process. Our laws are published. Today you can pull up a list of all our laws on the Internet.

Indigenous and Northern Affairs committee  I'd like to do that, and then ask some of my colleagues to also offer their comments.

Indigenous and Northern Affairs committee  If we're talking specifically about the special reserves under section 36 of the Indian Act, I know there are complications with that. There are historic issues that relate to how special reserves have been set up. We know there are court decisions, particularly out of British Columbia, that say a special reserve cannot be created without the consent of the crown.

Indigenous and Northern Affairs committee  Yes. To summarize it as clearly as I can, it goes back quite a number of years, to the process of the lands, reserves, and trusts review of the Indian Act, and the opportunity that led the government of the day to listen to us, as community chiefs, as first nations chiefs, to say what needed to be changed.

Indigenous and Northern Affairs committee  Yes, I would agree. I think that's the reason why there have been very few changes since the first Indian Act was passed in the 1800s.

Indigenous and Northern Affairs committee  I can give you the best example that has worked by eliminating certain sections of the act, I believe 35 sections in total. That I refer to is the first nations land management process, the framework agreement. For first nations who have opted into that legislation, it has provided for the elimination of the archaic—what we refer to as outdated—and the modernization of really what has to happen.

Indigenous and Northern Affairs committee  Yes, that's correct.