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Indigenous and Northern Affairs committee Yes, first of all, I read something on the Daniels decision by Thomas Isaac and Arend J.A. Hoekstra. I read a little about it. International instruments cannot include details for every possible situation; that's not how it works. You have 193 countries. It's impossible for the
April 24th, 2018Committee meeting
Paul Joffe
Indigenous and Northern Affairs committee Consent will be different depending on the processes you're dealing with. If you're dealing with an international convention or instrument, like they were with climate change when Canada invited indigenous peoples to be part of it, in such a process it has to fit the process. I
April 24th, 2018Committee meeting
Paul Joffe
Indigenous and Northern Affairs committee In every situation, you take in the facts and the law. You have to. Let's say you have 15 first nations. Half go one way and half go the other way, and you have all these different opinions. One has to look at the facts and the law. What if certain first nations were going to su
April 24th, 2018Committee meeting
Paul Joffe
Indigenous and Northern Affairs committee I had the privilege of being in the reference on Quebec secession, so I know when it's important to resolve certain questions. I don't believe this is one of them because there are just too many situations. How is the court going to judge? Usually they want a contextual analysis
April 24th, 2018Committee meeting
Paul Joffe
Indigenous and Northern Affairs committee I realize I have a little bit of time. Yes, it's true. The Supreme Court has said, as I said, in 1987 and since then they've affirmed that international declarations are relevant and persuasive sources for interpreting human rights in Canada. So there's no question. But it goes
April 24th, 2018Committee meeting
Paul Joffe
Indigenous and Northern Affairs committee Thank you very much. Good afternoon, honourable committee members. I'm pleased to be on the unceded traditional territory of the Algonquin people and to have this opportunity to appear before this distinguished committee. I commend the committee for examining Bill C-262, the s
April 24th, 2018Committee meeting
Paul Joffe