Absolutely. We would tend to agree with you in terms of the priority of upholding the duty to consult and accommodate, as well as moving toward the full recognition of free, prior and informed consent.
In the preparation for the Building Canada Act in Bill C-5, we were concerned not only with the mechanisms of decision-making but also about the process through which that piece of legislation was quickly passed through Parliament without full conversations with first nations from coast to coast to coast. Both in substance and process we need to consider the specific role of first nations participation. Advisory committees like the IAC are insufficient for doing that.
