The minister will correct me if I'm wrong. Within the past few years, Ontario has at least tacitly acknowledged the potential for the exercise of inherent jurisdiction on the part of first nations in Ontario. In my view that is completely consistent with the content of the bill. That's what's contemplated.
With that said, under the Van der Peet analysis, section 35 of the Constitution also does not grant anything to indigenous people. It merely constrains Crown activity that infringes on any inherent or treaty rights that indigenous people may have. This is the rule of indigenous law, and jurisdiction is just an element of that.
Insofar as clause 7 imposes a constraint on a province, I would submit that it's merely Canada acknowledging its own predominant obligations to indigenous people and to take the lead in that regard. I think this bill does so.
Ministers Philpott and Bennett acknowledged the critical need to do so over a year ago in Ottawa at the inter-ministerial meeting. There may be jurisdictional challenges, operational challenges and interpretive challenges, but I stand by my earlier suggestion that the jurisdictional aspect, as Chief Christian noted, predates anything that's been happening in these territories for the last 500 years.
Absent the only potential complication in a Canadian constitutional framework and from a Canadian court is the last stage of the Van der Peet test with respect to justification, as in, is the infringement on an inherent right justified? Without resources we run the risk of having a successful challenge by a province or someone else.