I'll say that the plaintiffs in Nicholas have collectively asked me to tell the committee that they support the Senate amendments. They support removal of the second generation cut-off. They know what it is to be separated from their communities. They don't want the second generation cut-off to remain in the act in their name with the excuse that there needs to be a narrower fix for the Nicholas case.
As I've stressed, the court order in Nicholas is a tailored remedy. If it goes into effect, it does not hinder anyone else registering. It does not take entitlements away from anyone who's different from what the situation was in McIvor and Descheneaux. We say there's no reason for Canada to keep fighting to prevent the court order from going into effect in order to allow Parliament to continue to debate Bill S-2.
Canada said in court that there's an issue on how the court order would apply in B.C. and not outside. There's a very easy solution, which is an order on consent from the Federal Court. It's been done in previous cases in which Canada has accepted that the law is unconstitutional, as it did here.
There's a very easy fix so that the charter violations that have been identified can end, while Parliament can continue its debate on Bill S-2.