Indigenous and Northern Affairs committee  Sure. I'm happy to just say that it is fearmongering to suggest that somehow the rights of indigenous people will make the Canadian economy not work. To point to British Columbia and say that is particularly laughable and inaccurate. I'm in British Columbia, and I've worked very closely on the implementation of the declaration.

Indigenous and Northern Affairs committee  There are a couple of things. As the national chief said in his submission today, we would first of all correct it to say “purposes” of the act. There are two, not one, so there is an error there. We're hoping that through your work as a committee some of these issues might be able to be corrected.

Indigenous and Northern Affairs committee  Well, with respect, the declaration has been already used. Parts of the declaration, like the prohibition against genocide, have the status of customary international law. The declaration has been used in court cases, and used quite valuably in court cases, to help understand these concepts.

Indigenous and Northern Affairs committee  I think it's realistic and necessary. There's no reason why, within the Government of Canada, significant work can't be under way at this point to prepare for that action plan. We have multiple recommendations, of commissions and others, that identify the core areas of the action plan.

Indigenous and Northern Affairs committee  Yes, I can. I don't know the exact context in which the Attorney General made the comments, but I can certainly say that consent is part of the law of Canada now. In terms of the government's obligation to create a proper framework for consultation, engagement and consent, that has been determined by the Supreme Court of Canada on multiple occasions.

Indigenous and Northern Affairs committee  I'm certainly happy to respond to that because, as you well know, one of the issues that we're dealing with as we try to move away from this deeply colonial era of Canada's Indian Act, aided by the declaration, is that the rights of indigenous people and indigenous governments can....

Indigenous and Northern Affairs committee  I agree fully with that statement. The declaration is an international instrument. It does contain the minimum standards. Through this bill, the laws of Canada will be aligned and will become more consistent through a process, and there is an action planning process. It does not take the UN declaration and subordinate it to some other process.

Indigenous and Northern Affairs committee  I would agree with that. Thank you.

Indigenous and Northern Affairs committee  I'm certainly happy to reflect on this. There are two kinds of concerns, as you well know as committee members, that have been raised, and national chief has spoken to these. First of all, there is an element of what I would call “fearmongering” about the concept of free, prior and informed consent, that somehow that will cause economic damage and so forth.

Indigenous and Northern Affairs committee  Yes, thank you. The reference in the bill to section 35 is one that, again, has been the source of some misunderstanding in some of the debate. Section 35 is in the Constitution Act. It was hard fought for. There are many first nations across Canada that have fought hard to get their rights affirmed through section 35, and they would very much like to have that there.

Indigenous and Northern Affairs committee  Thank you for that question. First of all, with regard to the status of the preamble, as you know, preambles are an aid to interpretation. They are not independently enforced, but they are an aid and they state the framework for the legislation. The preamble is important, and the preambular provisions to this bill are very valuable, strong and important.

Indigenous and Northern Affairs committee  I'm happy to respond to that. Obviously, governments have authority. We've just had a decision by the Supreme Court of Canada on peace, order and good government and the carbon tax. Governments have authority to make decisions in the best interests of a number of things. The key piece about this legislation and the issue you're raising is that the authority that government has, the executive or administrative branch of government, should be exercised in a way that's consistent with the rights of indigenous peoples, which is something that hasn't been there for a long time.

Indigenous and Northern Affairs committee  First of all, we all know how hard fought it was to add the rights to into the Constitution Act in 1982 in section 35, as well in section 25 of the charter. Unfortunately, the history of the last 40 years has been one where indigenous peoples have had to fight hard for the recognition of their rights, including recognition of their title.

Indigenous and Northern Affairs committee  Thank you, National Chief. Good afternoon, everyone. I'm zooming into our circle from the territory of the Musqueam, Squamish and Tsleil-Waututh peoples in beautiful Vancouver today. I want to contribute to the response to the question by just saying, with the greatest amount of respect, that some of the commentary about this bill, particularly promoting the idea that free, prior and informed consent is a dangerous concept, is incorrect and represents a kind of fearmongering that's rooted in fundamental misunderstandings about how consent is operationalized as well as about the current status of the law in Canada.