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Indigenous and Northern Affairs committee  I can, but with respect, that's not entirely how the provision reads. Although it does referentially incorporate provincial laws, and the provinces can still change their laws without notice to the federal government, the Governor in Council retains the power to make adaptations

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  That's an exercise in drafting the regulations, in that it really depends on who's going to be charged with owning the facility, who's going to be charged with operating the facility, what that's going to look like for the particular first nation. Is it the first nation itself? I

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  I love a question that asks me how I feel about something, because I have many feelings about referential incorporation that are spawned from section 88 of the Indian Act. I've never much liked that section, but it has been there for a long time in the Indian Act. In that situati

May 28th, 2013Committee meeting

Christopher Devlin

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  I love those open-ended questions. In terms of the action plan, I note in the legislative summary that it wasn't renewed after March 31, 2012.

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  That is a concern. And again, this is one of the problems with having framework legislation. Until we see the actual regulations that would apply to that particular reserve, we really just don't know the extent to which that first nation community is liable, or if it's the neighb

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Budget 2010 allocated the $330 million, and then in Budget 2012, $330 million was committed over two years, but the action plan itself was not formally renewed. I haven't seen something since then, but I noticed that in the legislative summary. Again, the bar is really concerned

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  That's going back to clause 11 of the bill. When those questions came up earlier, I went through the bill. Really, it allows for the same kinds of defences for people to assert. Some of the concerns were that there would be a transfer of liability from the federal government to f

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Right, and so then the question would be, well, you have a conflict of laws there, so which one would apply? The answer is that we don't know. I think Akwesasne would like to have its own water management regime in place, and then they would tell you whether there were any limits

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Well, Canada has been protected, but then whoever the other party is in subclause 11(3) is able to rely on the same defences as they would off reserve in the province, except as that may be amended, changed, enhanced, or detracted by the regulations. At the end of the day, we're

May 28th, 2013Committee meeting

Christopher Devlin

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  I don't think it's the bar's position to hop on any bandwagon. We do mention in our letter to the committee that adequate resources have to be allocated. You've heard considerable testimony from other witnesses, and this is true of all infrastructure at municipal levels: at the

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  That has the potential to help begin to address some of the safe drinking water issues.

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  I know that Treasury Board likes to have a plan before they issue a cheque.

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  It will entirely depend on the regulations.

May 28th, 2013Committee meeting

Christopher Devlin