Evidence of meeting #20 for Indigenous and Northern Affairs in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was indian.
A recording is available from Parliament.
4:30 p.m.
Director, Indian Moneys, Estates and Treaty Annuities, Department of Indian Affairs and Northern Development
I believe the action plan is on the website.
4:30 p.m.
Assistant Deputy Minister, Resolution and Individual Affairs Sector, Department of Indian Affairs and Northern Development
We can still share it [Inaudible—Editor] if that's the case.
4:30 p.m.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
This issue about if you are normally resident on reserve and let's say to make it easy, you have a will and you die, and you have property off reserve, are you saying that the rules for the Indian Act apply to the off-reserve property? Say you have a will made up that meets the requirements of the Indian Act, but as my colleague Jonathan pointed out, it doesn't meet Quebec's provincial rules for wills and estates, can the will that was developed for on reserve be used in the Quebec judicial system?
4:30 p.m.
Counsel, Operations and Programs Section, Department of Justice
Yes, it can. It's still a valid will, and in place of a document that was normally obtained from a court of letters probate, the estate would receive a document from the minister approving the will and appointing an executor who would then have the authority to deal with off-reserve assets, including land.
4:30 p.m.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
So it really isn't a concern that it doesn't meet the conditions for how a will would be devised in Quebec or any other province, for that matter. As long as the minister has approved the will as meeting the conditions under the Indian Act, the provincial jurisdiction will consider that will as valid even though it wouldn't meet the rules under the provincial jurisdiction if it were actually being probated in provincial courts.
4:30 p.m.
Counsel, Operations and Programs Section, Department of Justice
That's right. It's a simple system.
4:30 p.m.
Voices
Oh, oh!
4:30 p.m.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
I have it straight though. That's what I'm pleased about.
I think that's the end of my questions.
4:30 p.m.
Conservative
4:30 p.m.
Conservative
Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK
One of the questions I have, and it's pretty simple and straightforward, is do any other Canadians have to get ministerial approval for wills and estates, or be reviewed by a minister?
4:30 p.m.
Director, Indian Moneys, Estates and Treaty Annuities, Department of Indian Affairs and Northern Development
No.
4:30 p.m.
Conservative
Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK
Just to follow up on Jean's questions, when a will is contested by family on a first nations reserve, they have to take it back to a provincial jurisdiction to decide its fate. Is that correct?
4:30 p.m.
Director, Indian Moneys, Estates and Treaty Annuities, Department of Indian Affairs and Northern Development
If the minister transfers his authority.
4:30 p.m.
Conservative
4:30 p.m.
Director, Indian Moneys, Estates and Treaty Annuities, Department of Indian Affairs and Northern Development
That was the question. I don't know the answer to that question.
4:35 p.m.
Conservative
Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK
Right.
Now my question is, with 44 individuals working in aboriginal affairs on wills and estates, how many of those are lawyers?
4:35 p.m.
Director, Indian Moneys, Estates and Treaty Annuities, Department of Indian Affairs and Northern Development
I should just make one clarification, first of all, regarding the numbers. The 44 people work on deceased estates but they also work on living estates. In other words, the minister has a responsibility vis-à-vis dependent adults and vis-à-vis children, minor children. I'd just like to make that point.
Of the 44, I'm sorry, I don't have that information. I know there are some but I don't know how many. The other point to bear in mind is that those 44 people include clerks and administrative people. It includes executives. It's a bunch of different people.
4:35 p.m.
Assistant Deputy Minister, Resolution and Individual Affairs Sector, Department of Indian Affairs and Northern Development
If I can add, I'm not sure that the 44 do include Justice legal counsel. Was that your question, Mr. Clarke?
4:35 p.m.
Assistant Deputy Minister, Resolution and Individual Affairs Sector, Department of Indian Affairs and Northern Development
I think there would be one or two Justice lawyers who advise us regularly in addition to the 44, Mr. Vincent being one of them.
4:35 p.m.
Director, Indian Moneys, Estates and Treaty Annuities, Department of Indian Affairs and Northern Development
That would include regional legal counsel as well.
4:35 p.m.
Conservative
Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK
What would you say was the average salary right now of people who are working in administration in aboriginal affairs? Are we looking at $50,000 or $60,000?
4:35 p.m.
Director, Indian Moneys, Estates and Treaty Annuities, Department of Indian Affairs and Northern Development
I'm not really in a position to say. I don't know the answer to that.
