Indigenous and Northern Affairs committee  Mr. Chair, I'm not sure if we're being called upon, but I would be happy to pass it to Koren Marriott to speak to that issue of drafting.

Indigenous and Northern Affairs committee  I can start, and then perhaps Ross will have something to add. As reflected in the response on what the government has done to align laws with the declaration, there has been a great deal of work done, not only in anticipation of this legislation potentially coming forward, but

Indigenous and Northern Affairs committee  Thank you. I will do my best. I can't resist mentioning that I clerked with Professor Newman way back when, so I know of his scholarly reputation and work. Of course, he has been flagging questions about Bill C-262 and this legislation along these lines for some time. We have d

Indigenous and Northern Affairs committee  Our response would be that we have sought to make that as clear as possible in the legislation, recognizing that there is always potential for divergent interpretations. The effort has been made to use those terms deliberately and to reflect this point in both English and French.

Indigenous and Northern Affairs committee  I think that I can answer that question. However, perhaps I will turn to my colleague Mrs. Leduc again, since she took part in the discussions with the Indigenous women's groups. As we do for all bills or proposed policies, we did conduct a GBA+. Normally, that information is pr

Indigenous and Northern Affairs committee  There are some important threads in that question. In respect to the first part, regarding a definition of free, prior and informed consent, I think Minister Bennett provided very helpful responses: first, that because this concept or right is not defined in the legislation, it

Indigenous and Northern Affairs committee  Perhaps I would just add a couple of considerations, if I may. As you may well be aware, there is a “What We Learned” report available on the Department of Justice's UN declaration website. It speaks to the engagement that took place. It very much shows, as Ross said, the level a

Indigenous and Northern Affairs committee  I'm afraid the question cut off just before I got it, but I understood it was specifically with respect to “free, prior and informed consent” discussions with indigenous partners. The issue of FPIC and how it is understood did come up, although I would say that in many ways the

Indigenous and Northern Affairs committee  I can take that, and I might ask my colleague Sandra Leduc, who is also working on this file, to supplement. From the government's perspective, I think what the focus is really on is free, prior and informed consent as a positive expression of the need for us to work in partners

Indigenous and Northern Affairs committee  As I mentioned previously, the legislation applies a framework. It also involves a commitment from the federal government to continue its discussions and to develop an action plan. An important conversation on matters such as free, prior and informed consent will have to take pl

Indigenous and Northern Affairs committee  It is certainly something we are mindful of and reflecting on in light of the experience leading up to the introduction of Bill C-15. We recognized that the legislation had undergone a great deal of engagement already and that there was some urgency to bringing it forward. Theref

Indigenous and Northern Affairs committee  Yes, a number of discussions have taken place with the provinces and territories, including two with provincial and territorial deputy ministers and the federal government in attendance. There were also two ministerial meetings, during which provincial and territorial officials w

Indigenous and Northern Affairs committee  Perhaps we have to take a little step back. We have to understand that, as the purpose of the act states, the objective is to provide a framework for implementing the declaration. The federal government has committed to work in partnership with Indigenous peoples to make sure tha

Indigenous and Northern Affairs committee  I will perhaps start with the B.C. example, which, as you say, is the one most familiar to us. Again, the legislation in relation to the UN declaration does not define free, prior and informed consent. The approach taken was very much to articulate during legislative procedure

Indigenous and Northern Affairs committee  I will ask my colleagues from Justice, who are on the line. They might want to provide a further response to this. My understanding is that since that legislation is quite recent, there are not many cases where it has been used as a basis for decision yet. I'm sure it has been