Hon. Frances Lankin: I apologize, but I have to ask my question in English —

[English]

— because I’m not sufficiently fluent to do all this in French.

I agree with what you just said about the fact that section 35 requires more of the government than this particular amendment being put forward. I have another very significant concern, and I hope you — particularly because of your legal background — may be able to either assuage my concerns or agree that this is a concern.

The amendment that comes forward — and we’ve heard over and over, and I’m not sure why people are insisting on another amendment that accomplishes the same thing and even less; limits it. It is already in the legislation, and we’re looking to put another version of that in legislation.

My concern is that if anything does end up before the courts, the courts will be obligated to look at both of the clauses and understand whether this clause from the amendment, in fact, narrows the other reference to section 35. We are all agreeing that we want this to happen and we want this government or a future government to take — and I wish that the former Harper government and the former years of the Trudeau government had taken — more care with respect to consultation. Do you share the concern that having two competing clauses that speak to the same issue necessitates those in the judicial field to weigh what the importance is and to understand and second-guess why this Senate put forward two similar amendments that potentially are not accomplishing the same thing at the end, as was the point you made in your speech?

[Translation]