Thank you, Mr. Chair.
Good afternoon. This certainly is an important matter.
Every time we have witnesses in front of us, we talk about the issue of consultation. At a briefing last week provided by the department, they indicated they believe they have no legal obligation to consult on this particular bill--that's big “C” consultation--arising out of the Supreme Court decision on Haida. They don't believe they have any legal obligation to consult on Bill C-30 because there's no demonstration that it is an infringement upon aboriginal rights and interests or that it causes harm in any way. They also cite the fact that this approach is totally voluntary in the sense that a first nation can choose to enter into this process or they can choose not to.
On those bases, they say they don't have a legal obligation to consult. That doesn't mean to say they won't talk, they won't collaborate, but they don't have a legal duty to consult.
When it comes to this particular bill, I find it very peculiar, because under that rationale they say they have no legal duty to consult on this bill, but they've gone into some kind of collaborative working relationship with AFN. We have other bills before us--the repeal of section 67 and now matrimonial real property--which obviously could have an impact on the rights and interests of first nations, and they've chosen a different path altogether on that.
I want to know what your feeling is on this. Is the department making any sense when they say they don't have a legal duty to consult because it's totally voluntary, that you can either opt into this process or choose not to participate?