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Indigenous and Northern Affairs committee Look, the legislation is not scary. We shouldn't be scared of reconciliation. I think we should aggressively pursue reconciliation. We should aggressively pursue looking at UNDRIP, but my point is that we have to do it in a way that is thoughtful and prudent. For example, we talk
April 23rd, 2018Committee meeting
Thomas Isaac
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee As is, as currently drafted.
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee I think it's completely amendable. When you think back to 1982, everybody saw that it was an empty box, and our courts filled in the box. Equally, I would think with some good DOJ drafting, with some good guidance from this committee, how we're going to actualize this, how we're
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee We have guidance from the court to date. I guess, more generally, reconciliation in part for me means indigenous peoples having valiant protection of their rights, having access to services like all other Canadians, being respected for being indigenous, and being able to exercise
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee Absolutely, and both of those covenants are legally adopted in Canada, and so is the declaration.
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee As it's framed, as a lawyer I have to comment on the fact that the declaration at international law is not similar to the covenants. The covenants—
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee Yes. It's framed in a similar way, but it's a material difference, I would say, at law. Yes, it's framed similarly.
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee Absolutely.
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee Yes, I would agree.
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee Thank you, Member. I would agree about your framing of the right. My comments today were on Bill C-262 in their entirety. If it was simply about the right of self-determination, I'm looking at UNDRIP as a whole and having it apply holus-bolus to Canadian law without any particula
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee Look, from my point of view, with regard to the other witness and collaborative decision-making, I have my own views about that. I think those are the kinds of ideas that might be very fruitful, but that's different from obtaining free, prior, and informed consent before getting
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee As you heard very briefly in my comments, I believe that these clauses—there are a number of clauses in UNDRIP—that refer to free, prior, and informed consent are very clear on their face. As I've said publicly, consent means consent. The drafters who drafted UNDRIP knew what the
April 23rd, 2018Committee meeting
Thomas Isaac
Indigenous and Northern Affairs committee My point would be that UNDRIP can play a helpful role in Canada's development of reconciliation with indigenous peoples. What concerns me is any suggestion that a blunt international instrument that has.... If you look globally at states that have actually tried to adopt it in an
April 23rd, 2018Committee meeting
Thomas Isaac
April 23rd, 2018Committee meeting
Thomas Isaac