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Indigenous and Northern Affairs committee  Again, because the regulations aren't before us, we just don't know. These are just the possible things that the regulations could make available. One of the interesting things would be whether the property that would be subject to the seizure would be first nation property or n

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Thank you. Certainly that goes outside our brief, so I have to be careful on that score. It seems to me that because this is just a permissive provision, where the regulations may do these things or they may not, we would really have to see the specific regulations that are draf

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  I totally agree that it's enabling legislation. It's a framework, and that's how it has been designed.

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  I've seen it done both ways. I've seen it done this way where you have a whole grab bag, as you're saying, or I've seen it left with almost nothing in there, and it's left to the Governor in Council to pass regulations and it's a wide open power. You can go either way.

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  I'm sorry, but I didn't quite follow the question. Are you wondering if the regulation is a breach of the fiduciary obligation of the crown?

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Yes. We just don't know what it will do because it is framework legislation. What will happen is in large part dependent on the regulations that are drafted once the bill is in force.

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Thank you for the question. Because this is a framework piece of legislation, we don't have the regulations in front of us. One would presume that “any person” would be someone with lawful authority acting pursuant to some sort of legal authority. But we don't know whether it i

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Thank you. I note that it's already past six or seven in Victoria, so I'm fine at this point. It's not quite as early as the last time. Our comments today are really focusing on the non-derogation clause of the bill, but I want to start by saying that it is critical that there

May 28th, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Yes, it's the easiest one to have access to.

April 23rd, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  I think it is. I'm not sure. It is widely published across the country.

April 23rd, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Not all first nations have websites. Some do, some don't. Some have websites that were put up 10 or 15 years ago. They're not updated. That can be a tricky requirement as well.

April 23rd, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  The bylaw-making power isn't being changed. What's being changed is the minister's ability to disallow a bylaw made under section 81 of the Indian Act. So the chief and council would still be able to make amendments to bylaws, repeal bylaws, make new ones. Bill C-428 isn't propos

April 23rd, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  —the minister's power to disallow bylaws made by first nations.

April 23rd, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Thank you for the question. My understanding of the civil law is very brief, but going by the research we did, we understand that the only time wills need to be authenticated in Quebec is when they are actually being challenged. The usual practice is that wills are deemed to be

April 23rd, 2013Committee meeting

Christopher Devlin

Indigenous and Northern Affairs committee  Under the Indian Act right now, the holographic will, just a piece of paper signed by a testator, is deemed to be valid. Under the changes, then, similar to other provincial jurisdictions, in Quebec the laws you've described would prevail, and the Indian wills for Indians ordinar

April 23rd, 2013Committee meeting

Christopher Devlin