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Indigenous and Northern Affairs committee Thank you, Mr. Chair. This is an excellent question. In fact, on March 9, the Government of Canada has sought an extension of the suspension of the declaration of invalidity that the British Columbia Court of Appeal issued on April 9, 2009. We don't know at this time what the de
April 1st, 2010Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee Maybe I can give some clarification on what we're talking about here in terms of membership. Since 1985, the Indian Act has allowed bands, first nations, to take over control of their membership. In order to do that, they have to ask their members for a vote, and there has to be
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee 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
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee That's correct. The amendment will include rules mainly for registration but also for membership. The goal is to disrupt the membership as little as possible.
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee 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.
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee 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 th
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee It is possible to obtain an extension of the suspension period from the court of appeal, but it has to be justified.
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee 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.
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee 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.
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee That's right.
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee Because provincial courts do not have extraterritorial jurisdiction. They have jurisdiction only within their own province.
October 1st, 2009Committee meeting
Martin Reiher
October 1st, 2009Committee meeting
Martin Reiher
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee The amendment, as provided for under subsection 6(1) would grant status to any person whose mother lost status due to marrying a non-Indian. This is conditional upon the person having their own children after 1951. Obviously, this concerns children born after 1951.
October 1st, 2009Committee meeting
Martin Reiher
Indigenous and Northern Affairs committee I don't see how things are "crystallized" in this particular case.
October 1st, 2009Committee meeting
Martin Reiher