Mr. Speaker, I thank the member from the Canadian Alliance who just shared his views with us on this bill. I would like to ask the hon. member for his views on one aspect of the bill, or actually something lacking from the bill.
Many of the first nations leaders to whom I have spoken about this particular bill have stated that one of their real reservations is that there is nothing in the bill which would act as a non-derogation clause. It is standard in pieces of legislation dealing with aboriginal people and the Indian Act to include a clause that would state clearly that nothing in the legislation is intended to affect, alter or diminish any existing rights that may be enjoyed by aboriginal people.
We note the absence of any reference to a non-derogation clause in the bill. It may in fact be deliberate because in the absence of such a clause further interpretation by the courts may interpret this as meaning that it was not the intent of Parliament to ensure that nothing in the act would diminish any existing rights.
Would the hon. member support an amendment calling for the introduction of a clause stating that “for greater certainty, nothing in this act shall be construed so as to abrogate or derogate from any existing treaty rights of aboriginal people of Canada under section 35 of the Constitution”.