Senator Prosper: Yes.

Hon. Paul J. Prosper: Honourable senators, I appreciate you, my colleagues in this chamber, for offering your perspectives on the nature of this amendment being proposed here.

A lot has been said about the existing constitutional obligations upon the Crown to consult with Indigenous peoples. Following Senator Dean’s comments, one can say there certainly have been positive steps taken both from a legislative and consultation perspective. While consultation is a matter that begs a bit of complexity, I can’t help but look at the record with respect to my colleague Senator Boisvenu and his recollection of the evidence and testimony that came before the committee.

When I look at an amendment and when I think about consultation, yes, there are provisions like non-derogation clauses, and things of that nature, but as mentioned previously — I believe Senator Quinn mentioned it as well — when it involves litigation and the advancement, protection and preservation of Indigenous rights, it is a costly exercise borne upon First Nations groups and organizations. It’s largely an access-to-justice issue.

Although one can look and hope that the duties and the obligations of the Crown with respect to consulting with Indigenous peoples takes place, it’s still an exercise that is subject to debate and criticism.

When I look at this provision, it’s a positive inclusion within an actual statute. It’s there. It provides guidance, like other pieces of legislation, to government to take into account the rights of Indigenous people and to consult on matters that are integral to who they are as a people. We’re talking about subsistence rights here. As my colleague Senator Patterson has mentioned, these are very significant rights that relate to livelihood.

I’m in agreement with this amendment. It provides a prescriptive way upon which consultations can take place and will provide guidance for lawmakers as well. Thank you very much.