Senator McCallum: You are aware, then, that all of Saskatchewan is covered by treaty. It is all unceded territory, so why is it under provincial jurisdiction?

Senator Cotter: All of the territory is covered by treaty, but most of the lands that are not reserves could be described as traditional territories. You are asking a question that is about provincial jurisdiction, but the view taken — as a result of the Natural Resources Transfer Agreement in the 1930s — was to transfer what Ottawa asserted it owned as federal lands into provincial lands.

The land that is governed by reserves is governed by First Nations. The lands that are traditional territories are subject to a more contentious set of authorities.

Hon. Mary Jane McCallum: I have a question. How can this be considered the same question if this question has not yet been raised in the Senate Chamber? Given that the Commons is where this matter has been raised and not here, are you concerned that the Senate applying a procedural tactic that should be determined by the House of Commons in the event this bill makes it there would cause a dangerous precedent and interfere with the jurisdictional boundaries that stipulate that each chamber is the master of their own domain?