The framework should definitely recognize that indigenous peoples' rights are human rights. When Canada goes to the UN, there's no question about that, whether it's a Conservative Government or a Liberal Government. When we come home, however, neither government shapes its arguments or describes indigenous rights as human rights. It's not right that the charter in part I is considered to be about human rights, but the human rights of indigenous peoples in part II aren't dealt with equally.
In the Tsilhqot'in Nation decision, when the Supreme Court said that part I and part II are sister provisions both limiting the powers of federal and provincial governments, that should be based first of all on our characterizing the rights accurately as human rights.
In terms of the framework, you have the UN declaration but there are many other elements. Some of the elements would be in Romeo's bill, which could be followed up on, such as repudiating colonialism, and a lot more needs to be done there. Certainly with regard to the doctrine of discovery and terra nullius, the Supreme Court went part of the way in, I believe, paragraph 69 of the Tsilhqot'in Nation decision when its said that terra nullius never applied in Canada, as confirmed by the royal proclamation. If it were confirmed by the royal proclamation, then it also must have confirmed that the doctrine of discovery doesn't apply.
It would be good to clear the air there, because it really disturbs indigenous peoples to think that they were here thousands of years before and yet discovery somehow gives the power and rights to someone else.
I'll stop there.
Thank you.