Thank you.
As you know, I was in Geneva when the UN declaration was being negotiated. I was there for many years. I understand the context in which it was developed and the reasons the provisions are the way they are. There are 46 articles in the declaration. There are 23 preambular paragraphs all designed to do one thing at the end of the day: to ensure that the rights are the minimum standards for the survival, dignity and well-being of indigenous peoples. That's in article 43.
The issue of free, prior and informed consent is a thread woven through the entire declaration. It's not simply built into one provision but many different provisions. I want to be clear that this provision of free, prior and informed consent is not a new right. It's already in existence in other international instruments that the concept of free, prior and informed consent is an important customary international legal principle.
We see it in Canada within the context of where the courts have been on consultation and accommodation. In the Haida case, even consent in serious and significant cases, I can't think of anything where that principle will not apply.
Free, prior and informed consent of the nation, if they want to establish their own laws, that's their business. That's what I said in my opening remarks. It is their legislation for them by them. I think that's the truest form of the exercise of free, prior and informed consent.