Mr. Speaker, I will just leave the political side stories for another day. This is an important bill and I am pleased with the support for the bill.
It is important to remember that the process on the specific claims is entirely voluntarily. The first nations do not have to use this process if they do not want to. If they would like to continue negotiations, they are welcome to. If they want to use the courts, they are welcome to. If they want to use this claim process, they could use that as well, but because it is not compulsory, the duty to consult is different.
If it were something that said, “We are now legislating on behalf of all first nations and they have to do this process”, then the duty to consult would be different. Therefore, what we set up was an agreement with the Assembly of First Nations to do regional consultations, which it did. It prepared comprehensive materials which it distributed, and while it is not a duty to consult in the way the member mentions, it is because there is not a compulsory or mandatory part of relations with the government. It is just an option that is given if first nations so desire.
My question for the member is on the selection of the judges who will serve on the tribunal. She mentioned that she felt there should be a larger role. Just for clarification, because these tribunal judges are selected from the current roster, does she think there should be a greater role in the selection of judges generally for the Assembly of First Nations, or just an increased role for the selection of sitting judges to sit on the tribunal?