Mr. Speaker, clearly the member for Ottawa South was listening to my remarks and I appreciate that.
I should begin by saying that no one is calling for the right to veto. We are calling for the duty of consultation. There is a separation.
I think he will find a good definition of consultation in Supreme Court rulings in Delgamuukw, Sparrow, and a number of other aboriginal issues, and I think Haida had the consummate definition of consultation as being accepted, as growing and evolving. Through jurisprudence we are finding a greater need to give better definition to the term “consultation”. In successive Supreme Court rulings is how these things evolve and mature and so does our understanding of the term “consultation” mature. I doubt that our definition of consultation will ever grow to the point where there will be a right to veto included in the duty of consultation.
I hope that helps to clarify the matter for my colleague.
As far as the worrisome trend I find with expanding the discretionary powers of the minister at the expense of Parliament, expanding the arbitrary powers of the executive at the expense of the elected body, I do not think anyone can deny this is a worrisome trend that has been identified by academics for the last 20 years, but most profoundly in the last 10.
I put the challenge back to my colleague. Show me a piece of legislation that did not have some clause at least in its original draft that did not expand the power, the authority of the minister at the expense of the legislative arena. That was the pattern. Often we interrupted that. Often we were able to nip that in the bud, but previous Liberal governments came back and tried again and again with virtually every piece of legislation that I have been associated with in my nine years in the House of Commons.