Mr. Speaker, first nations are raising concerns about whether they are adequately protected under this agreement. Legal analysis indicates that there is cause for concern. I cited a particular case under NAFTA where the mining company was claiming that a first nation's attempt to protect a sacred site was deemed as expropriatory. There are sufficient concerns out there to warrant a serious look at whether there is a section 35 infringement under this agreement.
A Department of Justice lawyer is currently before the court because he has indicated that the government has failed in its duty to review policy and legislation to determine if there is a section 35 infringement. The lawyer has indicated that sometimes, when the advice has been that there is an almost 95% certainty that there is an infringement, the department continues to move ahead.
Given some legal concerns that have been raised, it is incumbent on the government to ensure that section 35 rights are not being infringed.