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Indigenous and Northern Affairs committee A province will not be liable to pay any award where it wasn't a participant. If the tribunal says “This was 100% the Province of Quebec's fault and 0% Canada's”, Quebec would have every legal right to say “We don't care. We weren't there. We weren't a party to the case. It doesn
April 2nd, 2008Committee meeting
Bryan Schwartz
Indigenous and Northern Affairs committee That was the landmark decision by the Supreme Court of Canada that decided that when the federal government mismanages first nations' lands and assets, it can give rise to a legal remedy--that is, a remedy in the courts. You see, before then there had been a debate: While the f
April 2nd, 2008Committee meeting
Prof. Bryan Schwartz
Indigenous and Northern Affairs committee On question one, ideally I would have preferred to see some sort of formalized statutorily established joint appointment process. And you might infer that this was a subject of candid and frank exchanges of opinion at the discussion stage. The federal government has concerns, as
April 2nd, 2008Committee meeting
Prof. Bryan Schwartz
Indigenous and Northern Affairs committee The need to be discreet and confidential.... There was a good debate on both sides. Ideally, if you could work out a mechanism that would address the federal concerns and still make it statutory, that would be better. In the real world right now, I anticipate that it would be a r
April 2nd, 2008Committee meeting
Prof. Bryan Schwartz
Indigenous and Northern Affairs committee Thank you very much, Mr. Chairman. I'm appearing here as an independent academic, which I have been for 26 years. Intermittently in the last eleven years, including in this round, I have been an adviser to the Assembly of the First Nations on the creation of the new specific cla
April 2nd, 2008Committee meeting
Professor Bryan Schwartz