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Indigenous and Northern Affairs committee  Yes, thank you. The way the transitional provisions work, as I understand it, is that everything begins on the day the act comes into force. For example, I'm in a number of specific claim negotiations with clients now, some of which have been in negotiations for five or six years, as of now, but as you say, if we were unsuccessful and wanted to take a claim to the tribunal, we'd have to put in another three years, as I understand it, which is wrong.

April 9th, 2008Committee meeting

Alan Pratt

Indigenous and Northern Affairs committee  All right, I'll be very brief. Monsieur Lemay, I believe that clause 12 is procedural. I think a colleague of mine mentioned that one of the unfortunate realities is that we do not know how the tribunal will seek to apply its power to make rules. And, yes, it might work much better if there were good rules than if there were bad rules; but, in answer to your question, I do not believe that making good rules would overcome my objections to the bill.

April 9th, 2008Committee meeting

Alan Pratt

Indigenous and Northern Affairs committee  Thank you. It may or may not agree that a surrender in exchange for the compensation awarded is proper. One of the difficulties with this bill is that it isn't clear how a first nation is mandated by its members to initiate a proceeding in the tribunal. It's quite possible that a majority of a chief and council, without any further mandate from their members, could initiate a proceeding that would lead to the extinguishment of rights to reserve land, without ever consulting with or seeking the informed consent of the members.

April 9th, 2008Committee meeting

Alan Pratt

Indigenous and Northern Affairs committee  Thank you, Mr. Chairman. I'd like to do something that is probably a very bad idea, which is to begin by apologizing to the committee. I had every intention of getting a submission into the hands of the committee before today, but unfortunately you don't have one. The committee does have a submission, but it hasn't yet been translated, so I will be making reference to a document that you'll have to perhaps wait a few days for.

April 9th, 2008Committee meeting

Alan Pratt

Indigenous and Northern Affairs committee  Excellent. Thank you. In the limited time, I'm going to indicate that I am here as a private citizen, unlike my colleagues, but I am a legal practitioner. I've worked in the field of specific claims since about 1985. Ms. Lickers mentioned the Indian Claims Commission. I was actually counsel with Mr.

April 9th, 2008Committee meeting

Alan Pratt