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Indigenous and Northern Affairs committee  Mr. Chairman and Mr. Bagnell, there will be cases where it is plain that the compensation side would exceed $150 million. That would exclude the matter from the jurisdiction of the tribunal--at least its monetary jurisdiction. I think there will be claims where it simply is not k

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  Yes, Mr. Rickford, this was a subject of quite a bit of discussion in the advisory committee. What happens if the claimant wishes to bring forward new evidence not previously presented to the minister in the assessment of the claim? To my mind, the real question is whether it is

March 3rd, 2011Committee meeting

Justice Harry Slade

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  Mr. Chairman and Mr. Rickford, the concern, and a well-founded concern in response to our first draft, was that the rules were too court-like and contemplate an adversarial process rather than a reconciliatory negotiated process. So after meeting with the advisory committee, we r

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  Yes. This is something I hear about but I have no personal knowledge of. What I hear is that there are discussions around this, but I really don't know the status of those. And of course, in the interests of a fair process, participants I think need to be resourced, but I cannot

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  Yes, Mr. Chairman and Ms. Crowder. The only involvement of INAC in the development of the rules we have prepared and put on our website in both official languages was as a member of the advisory committee. Our act provides that the chair can establish an advisory committee. We d

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  There were a number of concerns. We've made very tangible progress on the practical stuff. With a new registrar, we have a lead in our registry now. We've effected some rather significant cost savings.

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  We're on the same team this morning.

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  There is no separate budget. This is one of the things I learned on the first day: that the vote has no line item.

March 3rd, 2011Committee meeting

Justice Harry Slade

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  Thank you. Mr. Chairman and Ms. Crowder, the number of claims that will qualify for presentation to the tribunal has of course increased since my September 30 report. We're estimating—Ms. Lombard will correct me, perhaps—around 102 qualifying right away, on the basis of rejecti

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  Yes, and of course there are many claims in the process, and I gather that the rejection rate historically runs around 35% or 40%, so we can anticipate claims becoming qualified for presentation...a considerable number.

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  Mr. Chairman, I thank Monsieur Lemay for this question. I have identified in my annual report several areas of concern, as they go to both the reality and the perception of the independence of the tribunal. Plainly, first nations peoples as claimants--and perhaps whether clai

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  As for the idea of judges serving part-time, well, of course they will wish to know where are they going to work. Will they use their offices at the courthouses and their accustomed administrative and legal support staff, their law clerks? These facilities are provided by the pro

March 3rd, 2011Committee meeting

Justice Harry Slade

Indigenous and Northern Affairs committee  Well, on the $150 million, we can't exceed it, but if we've made a decision on validity and it proves that compensation in excess of $150 million is indicated, I think we could hear evidence of that. But we'd be constrained by the cap in any ruling we may make, and the claimant w

March 3rd, 2011Committee meeting

Justice Harry Slade