Evidence of meeting #28 for Indigenous and Northern Affairs in the 40th Parliament, 2nd session. (The original version is on Parliament’s site, as are the minutes.) The winning word was decision.
A recording is available from Parliament.
Conservative
The Chair Conservative Bruce Stanton
I hope everybody understands this. It is not an easy concept to grasp.
Let's go to Madam Crowder.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
I have a couple of quick legal questions to start with. My understanding is that in some cases there can be leave to ask the courts for an extension of the deadline. Is that accurate? So although there's a deadline of April, you could ask for an extension.
Senior Counsel, Operations and Programs Section, Department of Justice
It is possible to obtain an extension of the suspension period from the court of appeal, but it has to be justified.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
On the fact that Ms. McIvor has sought leave to appeal, I don't know if the government has filed a cross appeal or will file a cross appeal if the leave to appeal is granted. If the leave to appeal is granted, will that suspend the legislative process?
Assistant Deputy Minister, Resolution and Individual Affairs Sector, Department of Indian Affairs and Northern Development
Yes. If the leave to appeal is granted, we would then ask for a suspension to allow the appeal to wind its way through the courts. We would then work with the decision of the Supreme Court.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
I'm not a lawyer, so does the government have to file the cross appeal once the leave to appeal is granted, or does it file its cross appeal in advance? I understand the government has signalled an intention to file a cross appeal if the leave to appeal is granted.
Senior Counsel, Operations and Programs Section, Department of Justice
The government is opposed to the leave application of Madam McIvor and Mr. Grismer and, at the same time, has sought a conditional leave to appeal.
NDP
Senior Counsel, Operations and Programs Section, Department of Justice
Right. In other words, if the Supreme Court decides to hear the matter, the government has asked the court to also allow the government to present its own arguments.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
So the cross appeal simply means that the government is able to present its own arguments.
Senior Counsel, Operations and Programs Section, Department of Justice
That's right.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Let's say the legislation is not put in place, there's no leave to appeal, and you proceed with the legislation. If the legislation is not passed by that date in April, how can a piece of federal legislation apply differently to different provinces? My understanding is that it would not apply to B.C. How can it apply differently across provincial jurisdictions?
Senior Counsel, Operations and Programs Section, Department of Justice
Because provincial courts do not have extraterritorial jurisdiction. They have jurisdiction only within their own province.
NDP
Senior Counsel, Operations and Programs Section, Department of Justice
Right.
Senior Counsel, Operations and Programs Section, Department of Justice
Yes.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
With regard to the numbers, you've now revised the numbers up to 40,000. How did you come about estimating those numbers? I believe at the briefing in June the department indicated that because of various people losing status or not understanding their ability to regain status as of 1985, there may be people out there who are simply not aware that there was an ability for them to regain status.
How did you come up with 40,000?
Assistant Deputy Minister, Resolution and Individual Affairs Sector, Department of Indian Affairs and Northern Development
Well, we hired an expert in demographics, and we've also done some detailed work with the registry of Indian status. So we're now a bit more comfortable with that number, but it's certainly not the final figure. As you mentioned, people who have lost status in the past.... 1951 was quite a long time ago. Over that period people have lost touch, and when they read about the decision and start hearing about it again, they may revive their interest in becoming Indians. We know only about the people who are actually in the registry right now, and we can take a guess about their children, who may not be Indians in the registry, but we still have information about them. We can use that for the demographic information. But for the people who are further remote, it's harder to say. We've been working away on estimates of that.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Out of curiosity, when you answered Mr. Russell's question you said you had e-mails from 25 who had been supportive. Is that the total number of e-mails received or have there been ones that were not supportive?
Assistant Deputy Minister, Resolution and Individual Affairs Sector, Department of Indian Affairs and Northern Development
It was 25 last week, and I think the majority of them have been supportive.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
So that's the total number of e-mails you received as of last week.
Assistant Deputy Minister, Resolution and Individual Affairs Sector, Department of Indian Affairs and Northern Development
I'm sure that number will continue to grow as we do more of the regional engagement sessions.
