There's a lot to unpack there, and a lot of possibilities.
Around the 2014 Tŝilhqot’in decision, it was very important, because we finally had a court make a declaration: Yes, these are aboriginal title lands. That was an incredibly important step forward, but at the same time, where do you end up? Where are the Tŝilhqot’in now? They're negotiating. They're negotiating what that means. They're negotiating with the provincial and federal governments. They've been doing that for years.
One of the points I was making was that we shouldn't force indigenous people into the court in a similar situation. I don't think that upholds the honour of the Crown. I don't think that's the best use of time and resources. Do you really want to ensure that there's even more money paid to lawyers to do that kind of work? You don't need to fight that out in court. I think the federal government has a responsibility to step up and find a similar type of solution without putting every indigenous nation through what the Tŝilhqot’in had to go through.
The second issue there is the role of the provincial governments. The law changed around that in 2014. I think it's really important to keep in mind that under the Canadian Constitution, of course, the provincial governments in the provinces say that it's their land, that it's their Crown land. I'll have provincial governments and the federal government come to the table with my clients and say, “We're here to discuss your land claim.” When they do that, I stop and say—in a respectful way, I hope—“My clients don't have a land claim. You're claiming their land. Understand that fundamental point, and then we can have a real conversation.” That's who has the land claim—the provincial and federal governments.
We don't have to put everyone through the Tŝilhqot’in grinder. I think there's a better way forward on recognizing whose land it is and finding a way forward, not substituting rights, which is what the comprehensive claim policy does. Instead of substitution, how can we implement those rights?