Senator Klyne: I’ll begin by thanking you for being here. Thank you for your opening remarks, and thank you for sharing your knowledge.

Very quickly, I want to talk to you about the so-called Henry VIII clause contained in clauses 21, 22 and 23, Part 2 of Bill C-5. University of Calgary law professors David Wright and Martin Olszynski describe these clauses as giving cabinet an unconstrained ability to alter the operation of virtually all laws duly passed by Parliament, including exemptions. This could include environmental laws and the United Nations Declaration on the Rights of Indigenous Peoples law, which may be used to interpret section 35, Indigenous constitutional rights. They recently wrote:

This aspect of Bill C-5 appears totally unjustified and is ripe for amendment as it works its way through the Parliamentary process. . . .

Do you support this “Henry VIII clause” to expedite projects, or do you have concerns about potentially suspending environmental law and Indigenous rights recognized in statutes? Please answer if you are aware of that clause or if you are going to make a move on that clause.

Ms. Woodhouse Nepinak: Like I said, we need more time. Our First Nations do need to meet as chiefs and assembly, just like you’re meeting here. We want that luxury as well. We’ll be back to you after we meet with chiefs and assembly. We ask for that support from this place. Thank you.

Mr. Chartrand: To add to that, one of the simplest ways to analyze that is this: When the Prime Minister and Parliament in this country wanted to try to advance Bill C-5, what did they do? They called a meeting of the leaders of the territories and the provinces — number one, right away. We’re sitting here as leaders; where is that meeting? That meeting should happen right away, as it did with all the premiers and territory leaders. That could happen so quickly. Again, the time should be set aside.

If this is the number one priority, which it should be in this country, then they should have a meeting quickly with the Prime Minister and us as Indigenous leaders at the table, coming to a conclusion, a partnership or at least some satisfaction we can trust.

Mr. Obed: I had a short conversation with the Prime Minister about this very subject and was assured that in no way would this legislation impact the implementation of our land claim agreements and the processes that flow from them on environmental assessments, other institutions of public government or aforementioned bodies, and I will hold him to his word on that.