Indigenous and Northern Affairs committee  Where is the good news here? Well, the good news is that it seems the Department of Justice—the Minister of Justice—is now coming into the picture with respect to specific claims. You're probably aware of the September 6, 2017, joint announcement about a policy review. I'm pre

Indigenous and Northern Affairs committee  Thank you, Madam Chairperson and honourable members. There is a briefing paper, but I regret that it's not available, as we did not have time to provide it in both official languages. You'll be receiving that in the fullness of time. I'd like to zero in on some of the major poin

Indigenous and Northern Affairs committee  Thank you.

Indigenous and Northern Affairs committee  We do have the power to award costs. There have been no awards of costs thus far. Generally, counsel, within the limits of their resources, have advanced matters as expeditiously as they're able.

Indigenous and Northern Affairs committee  I think it unrealistic to consider the tribunal as time-limited. There are claims coming to the minister still. The pace and numbers of those claims are undiminished. Some of them will be accepted. Others will not be accepted. Those qualify for the tribunal. Some will be accepted

Indigenous and Northern Affairs committee  Sorry, why would they—

Indigenous and Northern Affairs committee  Largely because the limitation period will have expired.

Indigenous and Northern Affairs committee  Of course, the crown can decline to plead the limitation period. But I litigated these matters for 27 years and not once did I see the crown decline to plead limitations. I don't anticipate a breakthrough in that regard.

Indigenous and Northern Affairs committee  It would have to start, honourable member, with more diversity in the appointments to the courts, because that's where we get our members. We do not have a member of indigenous ancestry—rather, there are very few superior court judges who are of indigenous descent. This is not a

Indigenous and Northern Affairs committee  If there's a nomination—and we don't have many volunteers, so we don't have many nominations, just three—then it's for the Minister of Justice and the Minister of Indigenous Affairs to make a recommendation to cabinet. If cabinet sees fit to approve a nominee as a member of the t

Indigenous and Northern Affairs committee  If the current claims stay with us and we have no more judges, I don't know—five years? Of course, we're getting new claims and we're moving claims that have been found to be valid into the compensation phase. Even with the three additional part-time members, it's going to take a

Indigenous and Northern Affairs committee  I'm early in my second and final term. Under the act, you can only have two, and besides, by the time this term is over, so am I, as a judge, at least. I would like to see someone take over in the middle of my term, and then I could continue to serve for the remainder of the five

Indigenous and Northern Affairs committee  Of course, the process starts with the appointment of judges to the superior courts, as members of the tribunal are drawn from the courts. Thus far it has been limited to three courts: British Columbia, Ontario, and Quebec. To receive an appointment to the tribunal we need volun

Indigenous and Northern Affairs committee  That's a good question. We're operating a very bare-bones shop, and we've avoided adding staff when they would stay idle because of the lack of a full judicial complement. However, as the judicial complement grows, we will need more staff. Also, I am confident that our executive

Indigenous and Northern Affairs committee  Those concerns originated with me.