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March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  We do have figures on the global outstanding contingent liability, but they would be comprised of a number of different things.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  Yes. We do have that, but again, it represents a mixed bag--

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  It's interesting, because I think that often when these claims come in under the specific claims process, the dollar amount is not actually indicated. It's discovered through the process of analysis. It is sometimes indicated, but the--

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  That's right. If matters are to go to the tribunal, obviously because of the triggers to get to the tribunal you will have had an opportunity to place some value on the claim.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  Well, we operate within the policy.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  It depends again on the relationship of the facts. It's not a good idea to try to divide claims where they essentially deal with one set of facts and present one set of issues.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  No. The specific claims act, which creates the tribunal, sets an upper limit of their jurisdiction at $150 million.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  The statute—and Justice at Last in general—goes a long way to achieving the objectives it set out, which is all about reconciliation. It takes the form of better transparency, better access, and much greater efficiency. All of that does add up to justice.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  There is access to the Federal Court for a judicial review under the statute in I think section 31. Primarily, the issues would go to questions of jurisdiction.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  Well, there's clearly more work to be done on that. I believe that just recently, in a letter, Mr. Justice Slade, who is the chair of tribunal, invited the advisory committee to participate in discussions around mediation. It's also mediation on consent, which is an important factor.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  Sure. I can add a little bit to that. When we're looking at the claims for the purposes of determining whether or not we think there's an outstanding legal obligation, the claims would be based on sets of facts. If we were to look at a number of claims and determine that these individual claims were actually based on the same set of facts and raised the same set of issues, then we would likely suggest that we could look at these things together.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  Yes. As part of the discussions with the tribunal in October 2010, that's when the issue of mediation was really discussed. The tribunal members would like to.... It's authorized under section 12, I believe, that they can make rules respecting mediation. Our perspective is that mediation is appropriate in the context of case management to improve efficiencies in terms of resolution.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  It is possible,but it's not likely. It would be in general conversation. It wouldn't be an official signalling until the time.

March 1st, 2011Committee meeting

Pamela McCurry

Indigenous and Northern Affairs committee  That's when they can file, yes.

March 1st, 2011Committee meeting

Pamela McCurry