Indigenous and Northern Affairs committee  Good morning. You know that we are two of the authors of the Yellowhead report card on Bill C-92. I believe you've been provided with that report, and you know that in our report we found significant problems. That said, we do believe that the legislation has good spirit and int

Indigenous and Northern Affairs committee  Yes, of course. If I'm not mistaken, you'd like me to talk about the case law demonstrating that it's constitutional to recognize the authority of indigenous peoples. The 1996 report of the Royal Commission on Aboriginal Peoples recognizes the right to self-government pursuant

Indigenous and Northern Affairs committee  Would you mind if I asked my colleague to answer that?

Indigenous and Northern Affairs committee  Absolutely. As I mentioned, I believe that Dr. Blackstock had a blackline version that she was circulating with amendments, and I do support those—

Indigenous and Northern Affairs committee  I've seen things in that draft that I agree with. It confirms that in the preamble there's an actual commitment, not just a recognition. It's funny because your language bill actually has a commitment to equitable, sustainable funding, and I think there should be the same commitm

Indigenous and Northern Affairs committee  It's because it needs to be set out in law. When something is not set out in law, there is uncertainty. In the whole system, the way child welfare has worked since the mid-sixties, nothing is set out in law. There's nothing in the Indian Act about it. It leads to all kinds of unc

Indigenous and Northern Affairs committee  I would have three. A recognition of the federal obligation to fund in this area is one. Two—and I sort of relayed it—is the level specified in the First Nations Child and Family Caring Society decision: substantive equality, with services and funding that meet their needs in ci

Indigenous and Northern Affairs committee  Thank you for the opportunity to speak to this particular issue. With respect, I do not share the concerns of Professor Newman on this issue whatsoever. I think what he's primarily focused on is the fact that the federal government is purporting to create some national standard

Indigenous and Northern Affairs committee  Yes.

Fisheries committee  Thank you very much. My name is Naiomi Metallic and I am a Mi'kmaq woman from the Listuguj Mi'gmaq First Nation. I am also a lawyer and a law professor. I clerked at the Supreme Court of Canada with the Honourable Justice Michel Bastarache. I have practised in the area of abori

Fisheries committee  Thank you.

Fisheries committee  Sure.

Fisheries committee  Yes. I think some key messaging going forward is really important, and that's where I feel things could have been improved in terms of what has happened before. These are complex issues, but letting some strong voices from the government explain that these are constitutional rig

Fisheries committee  As set out in our paper, we conclude that the Marshall response initiative would not meet the requirement of the test set out by the Supreme Court of Canada. In particular, the second branch, on which I didn't get to spend as much time as I wanted, requires the government giving

Fisheries committee  Yes, I think that provision is great because it's a recognition to the minister that she has to be aware of section 35 rights, but that's the state of the law anyway. The minister does have to exercise her discretion and jurisdiction, and so does Parliament, in keeping with recog