Indigenous and Northern Affairs committee  Thank you. The political agreement has a provision in it for the establishment of a joint liaison committee, where there would be appointments from both the federal government as well as the Assembly of First Nations and the national chief. The purpose of that committee is to oversee the work that's contained in the political agreement, similar to the joint task force, to ensure that there's movement on the very critical issues that are contained in the political agreement.

Indigenous and Northern Affairs committee  That is correct. It's contingent on the passage of the bill. But that said, we have initiated some work that is going to be required in any event. There has been some preliminary work that has been undertaken. Officially, yes, it does, it comes into effect once the bill has been passed.

Indigenous and Northern Affairs committee  There are some preliminary discussions at the moment about the development of the rules for the committee. The legislation itself contains a provision for the establishment of an advisory committee specific to the tribunal. So the joint liaison and oversight committee, as contemplated in the political agreement, will oversee the work in the agreement, which contains a development of rules for the tribunal.

Indigenous and Northern Affairs committee  Yes, resources are critical.

Indigenous and Northern Affairs committee  If I may respond to that as well, I think it's an interesting concept, and I have given it some personal thought. But I really I think the bottom line is this. If the resources aren't there to ensure that first nations have the capacity to do it, then an opt-in provision really doesn't do anything.

Indigenous and Northern Affairs committee  Our position would be that a modified version of what they provided would be acceptable on the condition that further policies and guidelines would be the subject of further consultations with first nations people.

Indigenous and Northern Affairs committee  What we've provided to you here is a clause-by-clause analysis of the legislation. The original text of the bill is in italics and our changes are in bold. So the majority of what we've provided is consistent with our original submission. The only thing we changed was the interpretive provision.

Indigenous and Northern Affairs committee  It's under number 3, “Interpretive Provision”: In relation to a complaint made under the Canadian Human Rights Act against a First Nation government, including a band council, tribal council or governing authority operating or administering programs and services pursuant to the Indian Act, the Act is to be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws in adjudicating disputes to balance individual rights and interests with collective rights and interests.

Indigenous and Northern Affairs committee  I think the position of the Assembly of First Nations has always been that in an ideal world, consultation takes place first. I had the benefit of listening in on your question to the representatives from the Native Women's Association about this point. I agree with your proposed approach to consultations, and the law certainly points to that very process as well, with consultation at the beginning.

Indigenous and Northern Affairs committee  I would say that certainly, in the case law that has come down from the courts, and particularly from the Supreme Court of Canada, the facts in those cases have revolved around resource development. But the courts, in the language they've used to define the duty to consult, state, as Ms.

Indigenous and Northern Affairs committee  No, I think section 35 stands on its own, but the interpretive clause doesn't flesh out the details.

Indigenous and Northern Affairs committee  That's what the interpretive clause is there to do. It's there to serve the adjudicators or judges, to guide them on how those collective rights can be balanced with individual rights. It's more detailed.

Indigenous and Northern Affairs committee  There are some self-government agreements that have included interpretive clauses. We did look at those when we were drafting the one that we presented to you. But of course that was specific to a first nation. We wanted to make the clause sufficiently broad that it would accommodate diverse first nation cultures and values, and laws as well.

Indigenous and Northern Affairs committee  I think the minister is correct that section 35 will always be there to protect and to promote first nations inherent and recognized and established aboriginal treaty rights. The interpretive clause is a tool for any adjudicator or judge who's hearing a dispute against a first nation government or another organization or federal organization.

Indigenous and Northern Affairs committee  Section 35 is not missing anything.