Thank you, Mr. Chair.
Thank you, Chief Picard and Chief Toulouse, for appearing before the committee. I apologize for stepping out; I was dealing with a motion in the House.
Much has been made about the duty to consult. I would argue, since so many people are coming before the committee saying they do not feel they've been appropriately consulted, that they have not been appropriately consulted.
In the matrimonial real property recommendations there are some specific recommendations around consulting. I just want to read this. It says:
The department should develop, as soon as possible, specific policies and procedures relating to consultation in order to ensure that future consultation activities can identify and discharge any legal duty to consult while also fulfilling objectives of good governance and public policy by: 1) Ensuring First Nations have relevant information to the issues for decision in a timely manner; 2) Providing an opportunity for first nations to express their concerns and views on potential impacts of the legislative proposal and issues relating to the existence of a duty to consult; 3) Listening to, analyzing and seriously considering the representation and concerns of First Nations in the context of relevant legal and policy principles, including their relationship to other constitutional and human rights principles; 4) Ensuring proper analyses by the Department of Justice of section 35 issues relating to any proposed legislative initiative are thoroughly canvassed before, during and after consultations; 5) Seriously considering proposals from mitigating potentially negative impacts on aboriginal and treaty rights or other rights and interests of First Nations and making necessary accommodations by changing the government's proposal; 6) Establishing, in consultation with First Nations, a protocol for the development of legislative proposals.
Now, it seems to me that's a fairly clear outline of what might be included in a duty to consult. I wonder if you could comment on that.
I'm happy to share this copy, and I apologize, I brought the English version only.