Thank you, Mr. Koe. The chair recognizes Mr. Zoe, Member for North Slave.
Debates of Oct. 7th, 1994
Topics
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 166
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 166
Henry Zoe North Slave
Mr. Chairman, I understand what the legal counsel for the government is saying, but why are there only three section of the act that are retroactive back to 1969? What about the other sections? Why is it only those three specific areas that have to go that far back to 1969?
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 166
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 166
Rebecca Mike Baffin Central
I'll let Mr. Flynn respond to that question.
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 166
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 166
Flynn
Thank you, Mr. Chairman. There are essentially two types of provisions in this bill. One type are what you might call "empowerment provisions." They are the ones that we're saying very clearly have always existed. The other type of provision in this bill is what you might call a fee validation provision. We say that those provisions are deemed to have existed as of the date of first reading because that will preclude any lawsuits being launched after that point, with the advantage of the publicity that the introduction into the House brings. Then when you read those provisions, you see that they make a declaratory statement that those fees are valid. So, there was no need to say anything further in that respect. Thank you.
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 166
The Chair Tony Whitford
Thank you, Mr. Flynn. Any further comments on clause 7? The chair recognizes the Member for Deh Cho, Mr. Gargan.
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 166
Samuel Gargan Deh Cho
Again, just with regard to that retroactive clause, I'd like to ask the Minister if, in fact, by making it retroactive to when the challenge was made, it would set a
precedent. I don't think you'll get any other case. I wouldn't think so, anyway. Am I wrong in suggesting that?
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Rebecca Mike Baffin Central
Thank you, Mr. Chairman. Could the Member repeat his question?
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
The Chair Tony Whitford
Thank you, Madam Minister. Mr. Gargan, for clarification, the Minister didn't get all of the question.
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Samuel Gargan Deh Cho
I don't know which community is launching the lawsuit regarding this particular section. All I'm saying is whether or not...Why don't you just go back as far as when the lawsuit was launched, as opposed to only going back that far? Because I would think that just by doing it from that time on, that you set a precedent and I don't think you'll get any other challenges on it.
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Rebecca Mike Baffin Central
Mr. Chairman, just to make a clarification. The community is not launching a lawsuit. I'll let Mr. Flynn elaborate on this matter in response to the question of Mr. Gargan.
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Flynn
Thank you, Mr. Chairman. It's a good question. The concern is that because the Statute of Limitations Act probably only runs once the person has discovered this mistake, there's a bit of concern that this problem could have continued to exist into the past for some period of time. So the intent is to make it clear that this bill goes right back to the beginning and makes it very clear from that point on that we've always had this authority. Thank you.
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Samuel Gargan Deh Cho
Yes, Mr. Chairman. With regard to our own fiscal problems and the fact that we don't have that kind of money available, I would think this would benefit the communities as opposed to the government.
---Laughter
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
The Chair Tony Whitford
That was by way of a side comment. Do we have any further comments on clause 7 of Bill 12?
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Some Hon. Members
Agreed.
---Agreed
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Some Hon. Members
Agreed.
---Agreed
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167
Some Hon. Members
Agreed.
---Agreed
Bill 12: An Act To Amend The Commissioner's Land Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 167