Indigenous and Northern Affairs Committee on Oct. 1st, 2009

[Caroline Davis]

Once it's completed, we could certainly.... It will be background information that I believe we could provide to the committee, yes.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Will you undertake to do that?

[Caroline Davis]

I could undertake to do that, yes.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Thank you.

Mr. Duncan, are there any hopes of getting a sense of the timetable the government has in mind?

[John Duncan, Conservative, Vancouver Island North, BC]

You know how government works; you've been there.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

I don't know how your government works. That's why I'm asking.

[An hon. member]

Oh, come on!

[John Duncan, Conservative, Vancouver Island North, BC]

The government and senior bureaucracy work on a similar timetable to when you were there, Mauril. There are so many things to take into account, I don't even think it's realistic to ask the kind of question you're asking and to expect detail on it.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Chairman, since I've been put on the spot here about knowing how governments work, I do know. And I do know there are legislative agendas prepared by cabinet with very serious timeframes as to when documents come to cabinet for approval for tabling of legislation in the House. I understand Mr. Duncan may not want to answer and may not know the answer. I respect that too.

My question was not to start any political posturing. Rather, it was to ask, is there a timetable the government has in mind to introduce legislation? Pure and simple.

[John Duncan, Conservative, Vancouver Island North, BC]

That's probably a good question for your house leader to ask our house leader; that would be an appropriate venue for that.

I have never been asked that question in a public forum before. I'll certainly follow up on your question, but I don't think that's generally put into the public domain until things are much clearer.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Chairman, with all due respect, we know there is legislation required before April 6, 2010.

[John Duncan, Conservative, Vancouver Island North, BC]

Just hang on a second.

[The Chair, Conservative, Bruce Stanton]

Mr. Bélanger, what we have in front of us here, what we've been given today, is in fact a timetable. The departmental representatives have indicated that the timetable is prior to April 2010. The engagement process is set to run until November 13, if I recall, and the indication is that legislation will be forthcoming on a priority basis. But as to dates and specifics, I don't know.

Mine are much like Mr. Duncan's comments. The parliamentary secretary is unable to quantify a timeframe around legislative scheduling.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

I'll make it simple, Mr. Chairman. Can we expect legislation before the House before the end of this calendar year?

[The Chair, Conservative, Bruce Stanton]

We really don't know, and I don't know that we're in a position, nor is the department nor the parliamentary secretary, to answer that, except with what we've heard today.

The looming deadline is April. House leaders have to take into account the process and time that it takes to move bills through the House and the Senate to get bills passed with royal assent before the deadline.

We're over time now, and we are now going to the government.

[John Duncan, Conservative, Vancouver Island North, BC]

We have no further questions.

[The Chair, Conservative, Bruce Stanton]

Mr. Lemay, you have five minutes.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

I can ask for many minutes.

Based on my experience, I would be very surprised if the Supreme Court refused to hear this extremely important case. With all due respect to my colleague, I believe that this debate must be held as a matter of national interest.

If I understood correctly, Ms. Davis, you are saying that the government would automatically request that the Supreme Court, or the British Columbia Court of Appeal suspend the application, up until the Supreme Court has made its ruling.

[Caroline Davis]

That's right.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

If I understand correctly, we are fine. However, I wonder if it would not be in your interest to have the matter resolved right away. I understand that the Canadian government will object to the request made by Ms. McIvor to the Supreme Court. I do not know what the arguments are, as I have not yet read what the government will be submitting. This litigation is based on section 15 of the Charter.

Do you not believe that even your own project may be defeated or challenged under section 15? Do you have any reassurances? This is a good legal question, is it not?

[Martin Reiher]

The decision to not encourage the Supreme Court to make a ruling on the matter and to not appeal it was based on the government's belief that it will be able to proceed. There are many reasons that justify this decision.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

As for the rest, is it not in your interest to move ahead? Do you believe that your proposed amendments will stand up to section 15 of the charter? Do you have any information on that?

[Martin Reiher]

When a bill is tabled in Parliament, all departments make an effort to make sure that they are consistent with the charter, among others. We proceed in the same manner for the case at hand. We believe that what has been proposed addresses the inequality that was pointed out by the British Columbia Court of Appeal.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

What is the most recent news about the very expensive registries that were set up in certain communities so that people would be able to register their own citizens and their own aboriginals? Will the government respect the decisions made by these communities, or challenge them? Will they allow communities to continue moving ahead?

[Martin Reiher]

With respect to the Indian Registry, you are right: in most communities, if not all, there are registry administrators who apply the same rules as the main registrar. As concerns registration of persons born on a reserve, for example, the rules under the Indian Act are applied in a very straightforward manner, exactly the same way as a registrar would apply them.

With respect to band membership, rules can vary. In some cases, the first nations have taken control of membership rules. Right now, the first nations may establish their own rules and have their own system. Their system will remain intact, and the amendments should not have an impact.