The Assembly of First Nations proposed what the federal government accepted and is now clause 5 of the bill. It provides that participation is strictly voluntary. The rights of no first nation are affected unless it chooses to participate. In a recent session, someone asked why anyone would object to a voluntary provision that helps a lot of people. The response was that there would likely be no objections as long as there was assurance that rights would be protected.
Clause 5 provides that assurance. The Assembly of First Nations also secured a political agreement. That political agreement recognizes the cultural, spiritual, and economic importance of being in a position to replace or reacquire lost land. There is no guarantee, but the importance of being able to do this is recognized. There's a commitment on the part of Canada to review the policy on additions to reserve with a view to making it easier to achieve. It has often been difficult in the past. There's an immediate commitment to give priority to additions to reserve in the context of claims.
To be clear, any first nation within the jurisdiction can file a claim, can pursue the process as long as it wants. It's never required to put itself in a situation where it's facing an award that would extinguish its right. It's an option, but first nations that don't want to be put in this position are not required by participation in the process to go to the last step.