As I said, I respect Mr. Clarke's intention in designing this bill.
The proper way to go about a meaningful consultation process to replace the Indian Act would be one which sets out a timeframe, sets out the resources it's going to take to get the consultation done, and drafts the terms of reference for that consultation.
I realize there's been an attempt in this bill to provide for some consultation. This is reflected in the requirement for a report to be made annually on the progress of the collaboration. However, the way we operate in the contemporary world is that if you want something to get done, you have to measure it. If we want this consultation process to go forward, and we want it to be transparent, and we want it to be designed in such a way that there won't be ongoing questions about whether or not it was a meaningful consultation or whether the duty to consult was fulfilled, then we should set out the specifics as to how we are going to measure the outcomes of that consultation process.
To me the key pieces of the process are that there be a timeline, that there be resources devoted to the consultation process, and that the terms of reference be drafted. Beyond that, for it to be recognized broadly as a meaningful consultation, it can't just be that we have people coming forward to speak their piece, but then we go ahead and draft the legislation according to our own desires anyway. Rather, it should be inclusive of those voices that are heard within the consultation process. Meaningful consultation is one in which consultation occurs, and the voices from that consultation process are reflected within the legislation that is eventually tabled.
Those are the key aspects as I see them. I think there are a number of reasons for this. First of all, there's the crown's duty to consult. Beyond that it's just a matter of rightfulness to consult with the people who are going to be affected by the legislation.
Finally, if you want to speak of political expediency, if you have people's buy-in obtained through consultation, then I think there is a greater chance of success that the legislation will be embraced after it is passed and that consequently it will lead to more positive results.