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Indigenous and Northern Affairs committee  May I add something? It's important for this committee to know that after the 1985 amendments, there was the 1988 review. That 1988 review specifically talked about the siblings case, Susan Yantha's case, that produces children of the same parents with different status. They sa

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  I don't have a mandate to speak for the 600 communities. I can tell you, in our power point we've given you, obviously we can't take you through all of it now—

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  —we've identified four other scenarios where siblings can have different status, where first cousins with the same ancestry can have different status. That was what we thought, given the short timeline, was something that two Abénaki communities and their tribal council, the Gr

November 21st, 2016Committee meeting

David Schulze

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  My name is David Schulze. I was the lawyer for Mr. Descheneaux, for Susan and Tammy Yantha, and for the two Abénaki communities in the Descheneaux case that led to the bill that's before you today.

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  With the chair's permission, I'll try to do this very quickly. We have identified at least four scenarios where there will be very odd results even after this. The first is where a woman lost her status. Either she gave up her status before marriage through what was called enf

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  One or two people in Canada would be able to make such an assessment, but we did not hire them. That said, I would like to clarify one point. Just as an extra piece of information, the Government of Canada got two extensions after the McIvor judgment.

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  Just to clarify, in the spring of this year I wrote to my opposing counsel once the appeal had been withdrawn, and I said that I hoped my clients would be hearing from her clients. She said, “Oh, yes. I'm sure you'll be getting a letter from the registrar.” That was sometime this

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  Yes. There were two cases. I'll try to do this very quickly. It took me five weeks in court. The thing you need to remember is that a 6(1)'s child is always status, but a 6(2)'s child is only status if the other parent is status. You also need to understand, and this is crucial,

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  Justice Masse was very clear. She said, “I have three plaintiffs before me: Stéphane Descheneaux, and Susan and Tammy Yantha. I can only rule on their cases.” Then she added the passage that we put up on the screen. She said nothing is stopping Parliament from playing its constit

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  The problems we have identified aren't even in that consultation, and the second stage of consultation is a shopping list so long it will take years to get through. My final point is, having been before it for five weeks, I really don't think that Justice Masse would mind if Ind

November 21st, 2016Committee meeting

David Schulze

Indigenous and Northern Affairs committee  Thank you, Madam Chair. Ladies and gentlemen members of the committee, I will address you today in English. Thank you for inviting us. I'm David Schulze. I was counsel for Stéphane Descheneaux, Susan and Tammy Yantha, and the Abenaki of Odanak and Wôlinak in the Descheneaux cas

June 6th, 2017Committee meeting

David Schulze

Indigenous and Northern Affairs committee  The B.C. Court of Appeal said it is discriminatory but justified. You're not bound by that. Parliament is not bound by that. You can undo discrimination, even if a court thought it were justified. The government talks about a nation-to-nation relationship. There was no evidence o

June 6th, 2017Committee meeting

David Schulze

Indigenous and Northern Affairs committee  I want to explain. I'm on my second stage two, and if Ms. McIvor were here, she'd be on her third. Let's be very clear. This committee issued a report in 1988. They reviewed the 85 amendments. They said we need to eliminate all discrimination between brothers and sisters. We need

June 6th, 2017Committee meeting

David Schulze

Indigenous and Northern Affairs committee  The first thing I should say is that the July 3 deadline is not carved in stone. You were told that you couldn't get around the February 3 deadline.

June 6th, 2017Committee meeting

David Schulze