Indigenous and Northern Affairs committee  Yes. I've heard concerns, but it is not my interpretation of section 2(2). It's the opposite. If you read the first phrase of 2(2) carefully, it says: This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 That's prett

Indigenous and Northern Affairs committee  That is an important aspect that must be considered in the debate about Bill C-15. In this whole debate, what must be understood is that various legal frameworks deal with the rights of indigenous peoples. Of course, section 35 of the Constitution is a major legal framework, a c

Indigenous and Northern Affairs committee  Not in my opinion. Given the way in which systems work, legal decisions or opinions from courts depend on the circumstances of the law and of the facts of specific situations. Defining something in that way eliminates a lot of other situations. Judges from different courts have

Indigenous and Northern Affairs committee  I think it's important to re-emphasize that point. When we say that our rights are inherent or pre-existing, it means that no one has given us those rights, that we possess them as indigenous people and indigenous peoples. What this bill does is recognize and affirm that very es

Indigenous and Northern Affairs committee  I do not. For a long time, the chairperson of the working group on indigenous populations would repeat at every session of negotiations that “this declaration does not create new rights”, that it just confirms inherent rights of indigenous peoples, the pre-existing rights of indi

Indigenous and Northern Affairs committee  That's a good question and an important question, I believe. I can say firmly that there is, to my knowledge, no UN body that has adopted a definition for “indigenous peoples”. The only definition I am aware of is a 1972 working definition by Martinez Cobo, who did an important

Indigenous and Northern Affairs committee  Absolutely not. It doesn't. I think that Bill C-15 just confirms that this international human rights instrument, like all other international human rights instruments, has application within law, in the sense that any court, in its impartiality, can refer to this international d

Indigenous and Northern Affairs committee  As I mentioned earlier, I did send a copy of the study the UN did on the concept of free, prior and informed consent. I invite all members of the committee to review it. It's an important document for your consideration, especially when considering Bill C-15. Free means no coer

Indigenous and Northern Affairs committee  Thirty seconds? Okay. I commented on that extensively. Veto and FPIC are two different legal concepts. One is absolute, and that is veto, whereas as the other one is relative. Like all human rights, the right to free, prior and informed consent is relative. We have to take into

Indigenous and Northern Affairs committee  Thank you for your question, Mrs. Gill. It is always a pleasure to see you again. Thank you for the work you are doing on behalf of the Bloc Québécois on all these matters. I mentioned in my introduction that there are differences between the French and English versions of Bill

Indigenous and Northern Affairs committee  First of all, Bill C-15 is pretty much similar to Bill C-262. I think the engagement we've done around Bill C-262 was pretty much thorough throughout the country. I've met with indigenous and non-indigenous communities in town halls to explain Bill C-262 and to explain what the U

Indigenous and Northern Affairs committee  Let me say this from the outset: The courts have already confirmed that provision that you read to us. The courts are using the UN declaration—referencing the UN declaration—to interpret domestic law, and that's been going on for many years. Our human rights tribunals, provincial

Indigenous and Northern Affairs committee  Arnold, before responding to that question, I want your interpretation of what consultation is or what it consists of. Please define that for me, because—

Indigenous and Northern Affairs committee  Thank you, Mr. Chair, and good morning. Good morning to other committee members. Thank you for the invitation to appear at this committee and make some opening remarks before we go into questions. To date, the United Nations Declaration on the Rights of Indigenous Peoples has