Statement made on 06 May 2009 by Senator Joan Fraser
Hon. Joan Fraser:
Honourable senators, earlier today we heard a little sermon from one of "you people" about Aboriginal rights. In December 2007, the Standing Senate Committee on Legal and Constitutional Affairs tabled a report, after a very thorough study, concerning non-derogation clauses. Those are the clauses, honourable senators will recall, that are inserted in bills to ensure that Aboriginal rights are not diminished by the application of a given law. Over the years, a patchwork of such clauses has evolved and, interestingly, each new iteration of the non-derogation clause has tended to limit its effect a little more.
The Legal Committee recommended repealing all existing clauses with one clear, unambiguous clause in the Federal Interpretation Act. The replacement clause would affirm for all time that all federal legislation would be interpreted in a manner that does not derogate from Aboriginals' constitutional rights.
Seven months later, the Minister of Justice responded that this was worthy of consideration but he would have to consult Aboriginal people. Could the leader tell us what progress has been made?
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