Evidence of meeting #11 for Indigenous and Northern Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was tribunal.
A video is available from Parliament.
Liberal
The Chair Liberal Andy Fillmore
We're right out of time there, I'm afraid.
We have another committee coming in right on the heels of this committee. We do have time for one question from Arnold Viersen, who has agreed to take a four-minute question to allow us to turn over the room.
Conservative
Arnold Viersen Conservative Peace River—Westlock, AB
Thank you for being here today. I really appreciate it. Your passion shows through, that's for sure.
I'm fairly new to this place and I'm trying to get a handle on a lot of things. Does the tribunal have an end date? If you had all the resources you need, if you could bring these claimants down to...or say you could get them done in eight months or something like that, would there be an end date to your mandate? Implicit to that question is how is the tribunal different from regular court, essentially?
Chairperson, Specific Claims Tribunal Canada
I think it unrealistic to consider the tribunal as time-limited. There are claims coming to the minister still. The pace and numbers of those claims are undiminished. Some of them will be accepted. Others will not be accepted. Those qualify for the tribunal. Some will be accepted and there will be no settlements. Those can come before the tribunal. As long as the claims keep coming to the minister, there will be a role for the tribunal.
I think the whole system can be made far more efficient and less time-consuming. I've mentioned the 12-year average. Thanks to changes in government policy and our act, it's down to three years. However, with respect, I can't conceive why it would take three years for the minister to get advice and arrive at a decision on whether or not to accept a claim. We addressed that in our submission. Personally, I think it should be six months. Moreover, it shouldn't be left to anyone other than a person with a judicial perspective to decide whether or not the claim is going to be recommended for acceptance. It certainly shouldn't be a situation where our resource needs are served by an organization, as capable as it has been—and Marie-France Pelletier is very good.... We shouldn't be under a branch of the Department of Justice where the defendant in the claims filed with us is always the crown and always represented by the Department of Justice.
Conservative
Arnold Viersen Conservative Peace River—Westlock, AB
How do you differ, say, from just a regular court? If somebody has this claim, they're saying that the Government of Canada is in breach of a treaty, generally. Why wouldn't they just take us to court, essentially?
Chairperson, Specific Claims Tribunal Canada
Largely because the limitation period will have expired.
Chairperson, Specific Claims Tribunal Canada
Of course, the crown can decline to plead the limitation period. But I litigated these matters for 27 years and not once did I see the crown decline to plead limitations. I don't anticipate a breakthrough in that regard.
Liberal
The Chair Liberal Andy Fillmore
Thank you so much, Justices Slade and Mainville, and, Ms. Lombard, for travelling to Ottawa, and sharing with us these important remarks. We're very grateful. What you've told us we will put to good work here.