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Indigenous and Northern Affairs committee  A range of options are available for implementing the UNDRIP. The legislation itself may be viewed as a simplistic approach and stuff, but the ability to do a holistic multi-faceted approach using various mechanisms does allow for that, and I think we're just allowing for that.

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  The Supreme Court has interpreted section 35 of the Constitution Act broadly. Section 35 should be viewed as a full box that includes the protections offered, including the duty to consult, so the Canadian courts have developed a robust framework for a meaningful recognition prot

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  We've been working very hard to implement and bring the principles that were announced last summer into our work through the advisory, the litigation, the policy, and the programs within Justice, in terms of changing the lens with which we view the work we do. It's an ongoing pro

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  I would agree. Full implementation of the UN declaration is going to require a multi-faceted approach in legislation, policy and programs, and the way we operate. It will require a change and shift in all of those directions for us to make meaningful implementation.

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  Consent has specific meanings in both domestic and international law, and it was applied. I think the important thing would be—

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  I don't have the definition with me, but it's generally—

March 1st, 2018Committee meeting

Ana Stuhec

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  If we can table that, I'd....

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  It's so I don't misapply the term. I think what's important in the context of the UNDRIP is that article 38 allows us to actually work on the interpretation together, through a collaborative and co-development approach, with indigenous peoples to determine how these terms are de

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  The interpretation and implementation of the UN declaration in domestic law is subject to Canada's constitutional framework, and so it includes the division of powers. A number of the articles of the UN declaration do have implications for the provinces and territories. They woul

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  Yes, I would say that's the goal.

March 1st, 2018Committee meeting

Ana Stuhec

Indigenous and Northern Affairs committee  Before I begin, I would like to recognize the Algonquin Nation on whose traditional territory we are gathering. We would like to thank the committee for inviting the Department of Justice to appear today with respect to this private member's bill, Bill C-262. As you know, in Ma

March 1st, 2018Committee meeting

Ana Stuhec