At this point, I'm still not convinced that “best efforts” is the best language that we need to pass in Bill C-61, not when best efforts can still result in first nations children living in conditions with boil water advisories or sores on their skins. If “best efforts” is introduced this way, the way I interpret the honour of the Crown or try to think about how it's supposed to be implemented.... Fiduciary duty should not ever be diminished based on interpretation of contract law, and fiduciary duty should have been used in ensuring that Bill C-61 in the first place should not have fallen below UNDRIP standards, which we have been discussing all this time.
I thank the committee and the MPs for helping ensure that UNDRIP standards are much better reflected in Bill C-61, but I do caution the parties with a red flag about “best efforts” in this legislation and how it's allowing the government to pretend that it doesn't have the resources...that it has obligations to meet because of its fiduciary duty, and downgrading that to “best efforts”.
First nations, as I have repeatedly said, had authority over water. It was stolen from them, and for this Liberal government to respond with “best efforts” because of what contract law states is still a huge disrespect to first nations who will be impacted by this.
Qujannamiik.