Hon. Marilou McPhedran: Would the honourable senator take a question?

Hon. Jim Quinn: Would you take another question, senator?

First, I want to say that I appreciate you bringing the bill forward. I support the bill, but on the question of this amendment, I’m a bit confused, in a way, in that, as Senator Patterson said, the government has had many court cases that it has had to deal with because of oversights in consultations with First Nations. While section 35 is there and there is a duty to consult, that often is challenged in the courts and often results in lengthy, multi-year court cases at great expense to everyone.

This legislation is so fundamental in terms of Aboriginal rights, as you said, for sustenance hunting and things of that nature that wouldn’t it be an advantage to make sure that as officials look at the regulations, that there is not an “oops” moment and that they are absolutely sure that they must consult First Nations rather than, yes, section 35 is there, but that will lead to court cases that could go on for long periods of time?

The Hon. the Speaker: Senator Lankin has a question. Would Senator Prosper accept a question?

Hon. Rebecca Patterson: Senator Dennis Patterson, would you take another question, please?

Senator D. Patterson: Yes.

Senator R. Patterson: Thank you.

I’m not a lawyer, and I’ve heard a lot of things during the debate on the amendment: proactivity, which is in the consultation and development of legislation, versus discussions around section 35 of the Constitution Act, 1982, which talks about implementation.

Senator Patterson, could you clarify — for this non-lawyer — the following: Does this clause allow us to close the gap between what seems to be upon implementation versus trying to do it in the development phase?

Thank you.

Senator D. Patterson: Thank you for the question.

This government — and I love to hear the phrase — says, “Nothing about us without us.”

That, by the way, is essentially the provision in the United Nations Declaration on the Rights of Indigenous Peoples, which this government has also adopted. There will be a collaborative approach to developing legislation, especially legislation that impacts Indigenous peoples — like surely firearms legislation does for people who make their living and feed their families by hunting.

I believe that what we are seeing here is an opportunity to prevent problems from happening, like what has happened in the development of this bill and as is illustrated in the need for this amendment. They weren’t consulted in the development of this bill, so let’s make sure they are consulted in the development of the regulations. It’s proactive, it’s positive. It’s not negative. No, you’re not allowed to do anything that will impair our rights.

This process proposed by Senator Boisvenu, which I think includes a broad definition of Indigenous groups — I have to respectfully disagree with Senator Boyer — will ensure that the regulations, just as they were done in 1998, respect and reflect the unique circumstances and needs as is outlined in the amendment by Senator Boisvenu of Indigenous groups, communities and peoples in a proactive, positive way. Not after the fact like, “Well, we overlooked that and we’ll have to go to court, hire lawyers and sue to get our rights recognized.” Let’s do it right in the development of the regulations so we don’t have these ongoing problems and be solving issues by having white-haired judges determining Indigenous rights. Let’s do it with the Indigenous people as proposed in this amendment. Thank you.

[Translation]

Hon. Pierre J. Dalphond: Would the senator take another question?

[English]

Senator D. Patterson: Yes.

[Translation]