Indigenous and Northern Affairs committee  The issue of the Ring of Fire is a huge challenge. This has been the experience time and time again; trying to come to grips with even coordinating a joint review with existing provincial bodies and the federal body through CEAA is a challenge in itself. Many provinces do have MOUs with the federal government with respect to joint environmental review planning.

Indigenous and Northern Affairs committee  I think you will appreciate, too, that this speaks to quite an extended timeframe for bringing the communities onside with what the potential is and what the implications might be. A very interesting development, as I understand it, is that the National Centre for First Nations Governance is organizing workshops for first nations within the Ring of Fire area.

Indigenous and Northern Affairs committee  I think we would find in this area, as well as in many others, that you might have a common end point, but you have to have transition, measures that will allow for various first nations at their current state of development to access that end point. So capacity building is a definite essential, as well as the regulatory framework.

Indigenous and Northern Affairs committee  I would say it's an absolute essential to step outside the legislation, because of course you're looking at developments that entail traditional lands, but not necessarily reserve lands. Of course, this legislation is restricted to reserve lands in its application. I would just say—

Indigenous and Northern Affairs committee  The paper we wrote was with respect to an opt-in piece of legislation. The opt-in legislation has not been broadly taken up because it does represent a huge challenge to most first nations. The first nation you identify would probably not in the short term look to these kinds of solutions and probably will continue to be more dependent on the solutions available under the current administration of the Indian Act.

Indigenous and Northern Affairs committee  Unfortunately, my answer is going to be brief, because no, I have not had those discussions on this subject matter. I can say for sure that a number of first nations professionals and technical specialists understand the importance of achieving that, but I haven't talked to any leadership about their current plans to set this as their priority.

Indigenous and Northern Affairs committee  That wasn't the approach of the paper we did. The approach was to try to say these are the issues you should be concerned about; these are various mechanisms that could be employed to achieve a comprehensive result; and these are the considerations that you should look to around each of these possible options.

Indigenous and Northern Affairs committee  I think you are speaking to a means by which provincial standards that flow from that law could in effect be endorsed and adopted, but adopted in a way that does not suggest that the first nations are subservient to the provincial statute. So what that accommodation achieves is the practical application of comparable standards without a compromise to the legal position that has been adhered to by many first nations with respect to what they would consider to be an undue interference with their jurisdiction by the direct application of provincial statute.

Indigenous and Northern Affairs committee  I think you're aware that those agreements generally, like this legislation, require adherence with the broader regulation as the baseline for—

Indigenous and Northern Affairs committee  Usually those agreements, for example, in provinces will at that juncture be applicable to the prevailing provincial legislation. You're absolutely right. It doesn't provide for the opportunity of uniformity. It only provides for, at this point, comparability or above, based on the legislation the signatory to the treaty chooses to exercise.

Indigenous and Northern Affairs committee  Not on that subject matter. I'm not aware.

Indigenous and Northern Affairs committee  I think you're referring to the circuit rider program?

Indigenous and Northern Affairs committee  I'm aware just in terms of the subject matter, not more than the subject matter.

Indigenous and Northern Affairs committee  I think that's an issue that eclipses this particular topic. What I think from our institute's point of view is that it's not looking at it as a measure that undermines the jurisdiction and authority of the individual first nation, but as a measure that starts to reinforce for that individual first nation the opportunity for growth, for economic diversity, and the opportunity for an expansive service arrangement, if there is compatibility, in the actual application of the jurisdiction they're exercising, with neighbouring jurisdictions.

Indigenous and Northern Affairs committee  I would make one observation about your initial comment. It may be the case that trying to go immediately to a national structure is seeking perhaps the most comprehensive and perhaps the most useful structure, ultimately, but a lot of work can be done from region to region, province to province.