Mr. Speaker, that is one of the concerns I was going to raise in regard to the lack of a clear non-derogation clause.
More specifically, in answer to my colleague's comment, she and the department have characterized this legislation as being self-government. I want to ask how and where they came to this conclusion, because what is really happening is entirely contrary to the concept of self-government.
They state that there is a gap in the Indian Act. Is that true? I would like them to point out to me where, because what about bylaw power? I believe that whatever gap they are trying to identify in the Indian Act could be accommodated by bylaw power, and if there is a gap, if it is not there now, why not just amend the Indian Act and provide that power?
Let us take an exercise in correcting the flawed legislation of the Indian Act. Why not use this as an opportunity to do some real self-government building and encourage first nations to pass regulations which they consider to be to their advantage?
I am not satisfied. I appreciate that the parliamentary secretary is trying to address some of my concerns. I think she is honestly trying to defend a bill and an act that she believes in. I want to be convinced. I want to pass legislation that enables first nations to participate in true economic development. I would not ever stand in the way of something that I truly believed to be in that light.
I hope that at committee I can get answers to my questions regarding, and I will serve notice, the possible regulation (o) which I do not fully understand, and (p) and (q), and clause 5 and clause 9(2).
Clause 9(2) provides for appeal by the provincial courts, unless otherwise provided by regulation. In other words, by regulation, the right to appeal could be totally withheld. That is a problem for me and it is a legitimate concern.
Maybe it is just as well we did not fast-track this bill and do all three stages in one day as was originally contemplated, because these legitimate concerns are coming to the surface now and deserve to be addressed.