The last part of our paper, the third section, deals with the proposed repeal of bylaw provisions. We talk there about section 85.1 and about how some first nations do have bylaws that govern intoxication on reserve to the extent that those nations may be affected. As well, the department may not see the other bylaw powers as being similar to those in section 85.1, so the existing bylaws could be continued. We see that being problematic for those nations that have chosen to have anti-intoxicant bylaws.
We make a series of recommendations on the final page of our paper. Our first recommendation is that clause 7 of the bill be tabled until further study can be done by the department to determine the best way to reform the wills and estates provisions so that some of these unintended consequences we've identified wouldn't occur or could be dealt with in a more holisitic fashion.
We also note there are no transition clauses in the bill so there's no way to have the bill come into effect in a measured way. If it's passed, it will suddenly be law, and those other provisions of the Indian Act will be repealed without any consideration regarding the effects.
If those two recommendations aren't acceptable, then we have a list of a few recommendations. They are admittedly piecemeal recommendations, the second alternative recommendations, on things like grandfathering existing wills so they are not immediately void upon the bill coming into force, and stuff like that.