Mr. Speaker, I am not quite sure what the member meant. I am not going back in time when I say there are two orders of government. That is in our Constitution. That is how this country is ruled. As a member of the House he should understand that.
What I am saying quite clearly is that a delegated form of governance that should apply to aboriginals could flow from class 24 of section 91 of the Constitution which gives the federal government responsibility for natives and their lands. That delegated form of government could flow from there as municipal government flows from the provinces.
What the government is saying is that the right for aboriginal government does not flow from either section 91 or section 92, but it is an inherent aboriginal right flowing from section 35 of the Constitution. Section 35 recognizes the existing aboriginal treaty rights of the aboriginal people of Canada.
The right flows from there, and then we go back to section 25. I think the member used the words in referring to section 25 that it should be sensitive to the aboriginal rights recognized in section 35 but that is not the wording here. It is not to be sensitive to, section 25 states:
The guarantee in this charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada, including--
It then goes on to list them. This is a direct cover, a shield. It triggers the application of the charter to protect aboriginals and their rights from any intrusion by the charter. Section 25 acts as a shield to protect native rights from any intrusion by the charter.