Thank you for that question.
First of all, with regard to the status of the preamble, as you know, preambles are an aid to interpretation. They are not independently enforced, but they are an aid and they state the framework for the legislation. The preamble is important, and the preambular provisions to this bill are very valuable, strong and important.
As the national chief has submitted on behalf of AFN, there is a requirement, though, in our respectful view, for improvements. In particular, we've highlighted three of them. One is very straight forward, adding the word “racism”, which appears to be an oversight.
On the more substantive one, which is recognizing and denouncing the concept of terra nullius and the doctrine of discovery, that is important in the preamble. It, of course, remains open to members of Parliament or senators to think about whether or not they would like that substantively in the body of the bill as well as the preamble. It does have force in the preamble, but it is quite important to be clear that the doctrine of discovery and terra nullius are specifically doctrines of moral superiority that should be rejected. I know that's been testified to by others during these hearings.
The interpretive value of a preamble is significant. When there's ambiguity, the preamble is used and looked at. The preamble sets the broad context of promoting reconciliation, responding to the Truth and Reconciliation Commission, and, more importantly, in contrast to Bill C-262, when Romeo Saganash's very important bill came forward, it did not have some of the preamble provisions that are here. It was a different kind of bill—a different time.
However, the emphasis on addressing racism, discrimination and all forms of violence against indigenous people is important in the preamble as well as in the action plan, because indigenous peoples, in the last number of years, have been the target of specific violence when they've stood up to assert rights. They have attracted that.... We've had many issues with policing and so forth, and this is quite important, as the national chief tabled today, that this preamble be strengthened accordingly.