I don't know that I can add much to what Chief Louie has said, at least not as succinctly.
The special reserves go back to the earliest federal legislation, transferring lands that had been vested in commissioners, in Quebec, and in the maritime provinces. There were institutions like the Anti-Slavery and Aborigines' Protection Society and church institutions like the New England Company that held lands on behalf of Indians.
Over the years, most, if not all, have been converted to a federal title that would conform to the Indian Act. I don't guarantee that all of them have, and I don't guarantee that all of the conversions were smooth. Oka, a principal example, went to the Privy Council in 1912.
In any event, as Chief Louie said, because of the way clause 6 is worded in the bill, we would put in a new section, 36.1. That would continue the application of the Indian Act to special reserves as they exist prior to passage of this, but not after.
As Chief Louise described, the B.C. courts say that you can't have a special reserve, or create one, without the consent of the crown. The implication is that you can create a special reserve if the crown consents, or if perhaps two crowns consent, which may be an option, for economic development or other purposes. That is real, and it's in the act today. This has never been followed up, never been pursued. Still, it's worthy of consideration, worthy of study. Without that study, why kill it?
I think that's the analysis we've done.