Indigenous and Northern Affairs committee  Sorry, which section is the unilateral undertakings in, so I know what you're referring to?

Indigenous and Northern Affairs committee  I guess there's more specific language in paragraph 15(1)(g), where the first nation may not file a claim that is based on treaty rights related to an activity of an ongoing and variable nature, such as harvesting rights. That's really where you get your hunting, fishing, and tra

Indigenous and Northern Affairs committee  The CVA—you're right—didn't take an official position on the transition provisions, but in the first few pages of our paper we alluded to the political agreement that was reached. Like Mr. Pratt, I sit at negotiation tables and I have specific claims, on behalf of clients, that a

Indigenous and Northern Affairs committee  On your third question, there was great debate within our section about whether or not there should be a true right of appeal or whether the judicial review was a sufficient mechanism for decisions that seemed out of line with the jurisprudence or with the particular facts of a c

Indigenous and Northern Affairs committee  I'll be as quick as I can. On the land issue, I think it raises two sub-issues. One of them follows from what my colleagues have spoken about, the need for the tribunal to have flexible rules. Under the legislation right now, there's an opportunity for case management before the

Indigenous and Northern Affairs committee  Thank you very much. Good afternoon, members of the committee. I'm here on behalf of the Canadian Bar Association National Aboriginal Law Section. We're pleased to be here to present our views on Bill C-30. The CBA is a national association of over 37,000 law students, lawyers

Indigenous and Northern Affairs committee  I would agree with you.

Indigenous and Northern Affairs committee  The bar association tends not to act as a public legal service. For the most part we--

Indigenous and Northern Affairs committee  No. They would seek the advice of individual members of the CBA and their own solicitors. They haven't approached us formally for that.

Indigenous and Northern Affairs committee  I'm not as up-to-date on the progress of the consultations about the matrimonial real property initiative that Wendy Grant has been conducting across the country, but I think the Indian Act probably can be amended to enable someone to continue to live in a house and give them sta

Indigenous and Northern Affairs committee  That's what we referred to in our section on capacity of first nations governments. There needs to be some sort of capacity for training of first nations governments. I'm not just talking about band councils, but their administrators and band office staff, so that when decisions

Indigenous and Northern Affairs committee  Well, they did in Corbiere.

Indigenous and Northern Affairs committee  Oh, to repeal the exemption. I'll have to think about that. I don't think a case has gone all the way up to the Supreme Court. I know that the Federal Court has considered it and we have a few cases. Justice Muldoon's comments came from one of the cases in which they considered

Indigenous and Northern Affairs committee  I think it's worth trying, until such time as the Indian Act is replaced by a proper parliamentary debate and a proper structure to move forward in. I agree that this is a first step in that process, but it shouldn't be a first step that in fact achieves the process in a pieceme

Indigenous and Northern Affairs committee  I'm sorry, I don't mean to mislead the committee. We are saying that Bill C-44 should be amended so that it in turn puts the interpretive provision into the Human Rights Act.