Senator Klyne: Welcome, ministers. Yesterday, we heard from national Indigenous leaders that there has been rushed and insignificant consultation on Part 2 of Bill C-5. I want to thank you for recognizing consultation and free, prior and informed consent, or FPIC, in your opening remarks. You’re recognizing with conviction the duty to consult, UNDRIP law and section 35.

Minister, we’ve heard about a so-called “Henry VIII” clause contained in clauses 21, 22 and 23 in Part 2 of this bill. Purportedly, these clauses give cabinet an unconstrained ability to alter the operation of virtually all laws passed by Parliament.

Minister, if environmental and Indigenous rights statutes can be exempted, what might that mean for the environment and Indigenous people?

Ms. Alty: Thank you, senator, for the question. Yes, as I outlined in my opening comments, consultation is legally required. It’s under the Constitution. The rights are affirmed by the Constitution, and the duty to consult and accommodate has been set out in a series of Supreme Court of Canada decisions, so this bill cannot supersede the Constitution. Projects will only be designated following full consultation with affected Indigenous rights holders.

The key is that the duty to consult and accommodate is in the Constitution, as well as the amended Interpretation Act, which this bill must follow. Perhaps I will leave it at that in order to leave you more time in your 10 minutes of questions.

Senator Klyne: So the “Henry VIII” clause has no impact.

Ms. Alty: Correct.