Mr. Speaker, the concern is that the federal lawyers have dropped the extinguishment argument, which was their first and best line of defence, under the misguided concept or idea that reconciliation requires the federal government not to be too aggressive in defending private property rights. That is the concern here, and nothing that the hon. secretary has just mentioned adds any comfort. Of course the government is going to argue. Of course it is going to appeal, but is it going to argue that line of reasoning?
There is a great quote from the New Brunswick Court of Appeal, which was addressing a similar fact situation. They said:
...a declaration of Aboriginal title over privately owned lands, which, by its very nature, gives the Aboriginal beneficiary exclusive possession, occupation, and use would sound the death knell of reconciliation with the interests of non-Aboriginal Canadians.
Does he agree with that statement from the Court of Appeal?