Mr. Speaker, I applaud and thank the hon. member for Saanich—Gulf Islands because she underscores the fact that there is a strong potential, probability even, that much of this act will be subject to judicial review after the fact.
First, there is a duty to consult. There is also a duty to respect the inherent right of first nations to engage in business practices in a way that is not arbitrary and not subject to uniquely them and not to anyone else in terms of the conduct of regular business. Quite frankly, I am not a lawyer, but I think there is a more than probable reality that there will be a legal challenge under an arbitrary provision of law that actually imposes a different standard on a band-owned business than any other type of business.
In return, I ask the government this question. Before we get into any sort of judicial or legal review, since it is the one that suggests the Auditor General of Canada should review its performance on red tape reduction, will it allow the Auditor General to review whether Bill C-27 is consistent or contrary to its own expectations of itself before passage of the legislation? I think we already know the answer.