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Justice committee That's a question that comes up frequently. I did some research on the American literature. Since Professor Owen Fiss's paper called “Against Settlement”, where he argues against ADR for constitutional cases because it's public, whereas mediation is private, it is non-compulsory.
April 12th, 2016Committee meeting
Pierre Foucher
Justice committee No, that's the government review.
April 12th, 2016Committee meeting
Pierre Foucher
Justice committee All right.
April 12th, 2016Committee meeting
Pierre Foucher
Justice committee I would just say that the cases mentioned did indeed clarify the law, which is the main purpose of the program.
April 12th, 2016Committee meeting
Pierre Foucher
Justice committee Can I add something on that because I'm the one putting the recommendation to the committee? Not meeting the criteria is usually two things. First of all, it's not a constitutional right. And I would tag onto my colleague's comment that a renewed program should be enlarged to at least cover the federal Official Languages Act.
April 12th, 2016Committee meeting
Pierre Foucher
Justice committee In short, the answer is no, because if it's appealed it's because some parties think there has been a problem with the first decision. Since the mandate of the program is to clarify the rights, a decision of a court of appeal is always useful.
April 12th, 2016Committee meeting
Pierre Foucher
Justice committee I can't remember a case where we refused funding on appeal.
April 12th, 2016Committee meeting
Pierre Foucher
Justice committee It depends on who the appellant is. Many times, it's the government, because the government gets slammed by the trial judge and decides to appeal. Now the other party, the minority language organization or individual, will come to us and say that the government is appealing and can they have some help.
April 12th, 2016Committee meeting
Pierre Foucher