Indigenous and Northern Affairs committee  Thank you very much, Mr. Chair. To the committee, I really appreciate your focus and attention to this study. My apologies to the translators: I told them I may go off script a little bit. I'll start right off the bat to respect, first of all, that we are here at your pleasure.

Environment committee  Firstly, I think it's important to take the question in its rightful context. I know that when I was B.C. regional chief, we'd always get asked the question, “How do we consult with all 203 first nations?” The leadership there would say, “Well, we didn't create the 203-system structure.”

Environment committee  I'd actually be interested in the elder's thoughts about this, personally. Just quickly, I think about emerging carbon market trading systems, for example, and the idea that one might, in an emerging market, be compensated for leaving a tree standing. It's an interesting concept that is just emerging.

Environment committee  The stewardship plans that I was alluding to are one such example, where treaty, title, and rights are respected, with first nations jurisdiction respected. And there are others in the territories in those areas. That is something that is really just developing. There's a phenomenal work, Living Proof, which Terry Tobias authored in partnership with the Union of BC Indian Chiefs.

Environment committee  That's right.

Environment committee  That's right. Again, it comes down to jurisdictional recognition. It does link to earlier points about the jurisdiction of provinces and territories. The safety net provision, if provincial or territorial legislation does not cover, that within SARA there is a section that can be applied, a safety net provision, from what I understand has yet to be applied.

Environment committee  Are you asking each of us?

Environment committee  I'll just comment on this question of whether, as I think you put it, it “cuts both ways”.

Environment committee  In some ways, there are a couple of examples, one right at home: the sea otter. We call it k'wak'wak, which means it eats the best of everything. Everything that you would love to eat, the sea otter will outdo you on: urchins, clams, all the shellfish. It's completely thrown out of balance back home where I come from, in Ahousat.

Environment committee  Again, it's just to relate it to the need for first nations to be involved in the designation as well as in the listing. The experience thus far is that the involvement isn't sufficient. The experience we have is that when people are out seeking their winter supply of caribou....

Environment committee  I want also to touch on this question that is being asked, because the timelines are in fact not realistic. This has been evidenced in court. It has had to go to court with Nooksack, out west. We've been suggesting what the remedies are here: the idea of stewardship action plans, bilateral agreements that respect first nations jurisdiction, the treaties, and that advisory committee.

Environment committee  Thank you for the question. Just to suggest what's needed, we've listed a number of sections that we suggest be amended to include that consultation must occur with affected first nations—of course, that means in a timely fashion. We've also suggested the recognition of a relationship with the crown through the INAC minister in a formal manner, because of the connection with reserve lands, these being federal in nature.

Environment committee  Well, to be succinct, yes. Nation to nation, government to government, acknowledge and support and respect the treaties. Also, we have to remember, and be reminded, that none of us created the Indian Act or reserve system or the status/non-status system. We inherited that. It was acknowledged by all parties, by the federal government in the apology in the summer of 2008, that historic approaches that were unilateral, and externally imposed, did not work.

Environment committee  Again, just to reiterate, I think it's about recognition. It does flow back to the recognition of the jurisdiction. Over 633 first nations governments, all working to rebuild their nations, are coming out from a legacy of disconnection and internal conflict and divide, perpetrated in large part by children being taken from their homes and not having the opportunity to spend time with grandparents out on the land, with the environment.

Environment committee  As National Chief, I have a responsibility to advocate for and support the assertion of treaty rights and aboriginal title and rights of first nation governments. So I look to the leaders of such a first nations government, who are suggesting that our people have not been at the table.