Indigenous and Northern Affairs committee  The issue of consultation was part of the discussions that took place, but I'm not sure there's much we can say beyond that.

Indigenous and Northern Affairs committee  Well, as we said, the advice we've given government is subject to solicitor-client privilege, but the advice is consistent with the guidance from the Supreme Court of Canada.

Indigenous and Northern Affairs committee  I mentioned to Ms. Keeper that the law is clear about consulting with respect to decisions relating to resource management executive decisions; there is no clear guidance as to a duty to consult with respect to the passage of legislation.

Indigenous and Northern Affairs committee  There's no particular guideline. There is a recent announcement--I'm not sure if it's the Ministry of Indian Affairs--about moving toward a policy on consultation with aboriginal people; there's an action plan to get there. In terms of consulting on the development of legislatio

Indigenous and Northern Affairs committee  I didn't say that. I said, in the context of the passage of legislation as to whether there's a duty to consult, the court has clearly said there's a duty to consult, and others have said this.

Indigenous and Northern Affairs committee  When there's a crown action dealing with decisions respecting lands and resources and economic development, there may well be a duty to consult. Whether that translates into a duty to consult when passing legislation--any legislation, but legislation of this kind--has not been de

Indigenous and Northern Affairs committee  Certainly, they constantly call for negotiation over litigation, reconciliation, and so on. Those are clear signals. Ms. Crowder has mentioned Roger William. That case, too, although not a Supreme Court of Canada decision, talks of reconciliation and negotiation over litigation

Indigenous and Northern Affairs committee  Yes, but it would then have to be resolved. If there is not adequate consultation, but the proposed legislation becomes law, then subsequently it can be challenged as an infringement of an aboriginal or treaty right. If the aboriginal treaty right is established, if the infringem

Indigenous and Northern Affairs committee  I'm not entirely clear what the question is.

Indigenous and Northern Affairs committee  If your question is about the need to consult—

Indigenous and Northern Affairs committee  Yes, I am.

Indigenous and Northern Affairs committee  In terms of kinds of policies government chooses by way of consultation, if I understand the question about...that it's a duty to consult in relation to the development of legislation. This was, I assume, in the earlier session a subject of quite considerable discussion, as to wh