Indigenous and Northern Affairs committee  No, because the legislation has been tabled without consultation. Consultation should happen before legislation is tabled, before legislation is proposed.

Indigenous and Northern Affairs committee  To clarify, I should say explicitly that while I am advocating for a timeline, resource allocation, and a terms of reference, specifically those things should be arrived at in consultation with first nations people. Yes.

Indigenous and Northern Affairs committee  Thank you for asking for that clarification.

Indigenous and Northern Affairs committee  I agree with your assessment that the duty to consult is important and it must be fulfilled; however, I don't think what's proposed in this legislation fulfills that criteria because, as I said in my comments, it's too vague, right? There's merely a requirement to report about progress and that this reporting happen annually.

Indigenous and Northern Affairs committee  Right, before the legislation gets tabled—

Indigenous and Northern Affairs committee  Yes, that's correct.

Indigenous and Northern Affairs committee  It's an interesting question, because it's one thing that first nations people grapple with all the time. I think we ought to look at it indigenous nation to indigenous nation. Are we likely to find consensus among all 633 first nations across Canada? Perhaps not. Is it more likely to find consensus among, say, all the Anishinaabe or Ojibway communities?

Indigenous and Northern Affairs committee  I do not believe that the apology was an exercise in futility. Rather, I believe that the federal government's apology on Indian residential schools was a good thing. I saw in my own family the way that it made a positive impact on first nations people. My father went to residential school.

Indigenous and Northern Affairs committee  Yes, I do. In the last five years, beginning with the federal government's apology on Indian residential schools, and moving towards the Truth and Reconciliation Commission, and then more recently with the coverage of the housing crisis in Attawapiskat, and then this past winter with the widespread attention to the Idle No More movement, I believe there is more and more attention being paid to indigenous issues in Canada than ever before.

Indigenous and Northern Affairs committee  Yes.

Indigenous and Northern Affairs committee  Yes, absolutely. I don't believe it is a partisan issue. I don't believe it is an issue between the sitting government and the opposition. In the end, whatever piece of legislation gets passed in the House of Commons will be implemented into law by the crown, and the crown needs to fulfill the duty to consult.

Indigenous and Northern Affairs committee  Well, the status quo is not working for the average first nation person. I doubt very many people outside of the indigenous community are happy with the status quo on reserve or as it applies to status Indians. The point I want to make with my comments today is that continuing with legislation, which is proposed and in some cases passed without consultation with first nations people, is itself a continuation of the status quo.

Indigenous and Northern Affairs committee  I think the federal government has extensive experience in doing consultations not only with indigenous people, but also broadly in other areas like the environment. I think that having consultation meetings regionally and then having those findings reported back at a national level is a legitimate approach.

Indigenous and Northern Affairs committee  I agree with your assessment that having non-indigenous people in Canada buy into the need to replace the Indian Act is very important. That will generate the political capital necessary to engage in this wide-ranging consultation process that I've outlined in a few of the answers and in my comments.

Indigenous and Northern Affairs committee  As I said, I respect Mr. Clarke's intention in designing this bill. The proper way to go about a meaningful consultation process to replace the Indian Act would be one which sets out a timeframe, sets out the resources it's going to take to get the consultation done, and drafts the terms of reference for that consultation.