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Fisheries committee  There was a long period of time, I believe, when the government did not have a genuine mandate in going to the table. I hope this is part of it and that perhaps we might see some change. What I worry about is government looking for quick solutions, which I think is what the Mars

November 2nd, 2020Committee meeting

Prof. Naiomi Metallic

Fisheries committee  I think co-management is a really interesting approach. I'm really interested in what Professor Rodon is saying. We also see examples of that in some of the modern-day treaties. I know that Yukon and other groups also have co-management regimes, as do the Haida and Haida Gwaii. T

November 2nd, 2020Committee meeting

Prof. Naiomi Metallic

Fisheries committee  Yes, I think that provision is great because it's a recognition to the minister that she has to be aware of section 35 rights, but that's the state of the law anyway. The minister does have to exercise her discretion and jurisdiction, and so does Parliament, in keeping with recog

November 2nd, 2020Committee meeting

Prof. Naiomi Metallic

November 2nd, 2020Committee meeting

Prof. Naiomi Metallic

Fisheries committee  Yes. I think some key messaging going forward is really important, and that's where I feel things could have been improved in terms of what has happened before. These are complex issues, but letting some strong voices from the government explain that these are constitutional rig

November 2nd, 2020Committee meeting

Prof. Naiomi Metallic

Fisheries committee  As set out in our paper, we conclude that the Marshall response initiative would not meet the requirement of the test set out by the Supreme Court of Canada. In particular, the second branch, on which I didn't get to spend as much time as I wanted, requires the government giving

November 2nd, 2020Committee meeting

Prof. Naiomi Metallic

Fisheries committee  Thank you.

November 2nd, 2020Committee meeting

Prof. Naiomi Metallic

Fisheries committee  Thank you very much. My name is Naiomi Metallic and I am a Mi'kmaq woman from the Listuguj Mi'gmaq First Nation. I am also a lawyer and a law professor. I clerked at the Supreme Court of Canada with the Honourable Justice Michel Bastarache. I have practised in the area of abori

November 2nd, 2020Committee meeting

Prof. Naiomi Metallic

May 2nd, 2019Committee meeting

Prof. Naiomi Metallic

Indigenous and Northern Affairs committee  Thank you for the opportunity to speak to this particular issue. With respect, I do not share the concerns of Professor Newman on this issue whatsoever. I think what he's primarily focused on is the fact that the federal government is purporting to create some national standard

May 2nd, 2019Committee meeting

Prof. Naiomi Metallic

Indigenous and Northern Affairs committee  It's because it needs to be set out in law. When something is not set out in law, there is uncertainty. In the whole system, the way child welfare has worked since the mid-sixties, nothing is set out in law. There's nothing in the Indian Act about it. It leads to all kinds of unc

May 2nd, 2019Committee meeting

Prof. Naiomi Metallic

Indigenous and Northern Affairs committee  I would have three. A recognition of the federal obligation to fund in this area is one. Two—and I sort of relayed it—is the level specified in the First Nations Child and Family Caring Society decision: substantive equality, with services and funding that meet their needs in ci

May 2nd, 2019Committee meeting

Prof. Naiomi Metallic

Indigenous and Northern Affairs committee  Absolutely. As I mentioned, I believe that Dr. Blackstock had a blackline version that she was circulating with amendments, and I do support those—

May 2nd, 2019Committee meeting

Prof. Naiomi Metallic

Indigenous and Northern Affairs committee  I've seen things in that draft that I agree with. It confirms that in the preamble there's an actual commitment, not just a recognition. It's funny because your language bill actually has a commitment to equitable, sustainable funding, and I think there should be the same commitm

May 2nd, 2019Committee meeting

Prof. Naiomi Metallic

Indigenous and Northern Affairs committee  Would you mind if I asked my colleague to answer that?

May 2nd, 2019Committee meeting

Prof. Naiomi Metallic