Monday, May 16, 2022
No Result
View All Result
  • Media
Support Us
Macdonald-Laurier Institute
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
  • Experts
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Energy
      • Health Care
      • Justice
      • Social issues
      • Social licence
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
  • Experts
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Energy
      • Health Care
      • Justice
      • Social issues
      • Social licence
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
No Result
View All Result
Macdonald-Laurier Institute

Newman, Major warn of serious issues with C-262

June 4, 2019
in Aboriginal Canada and Natural Resources, Dwight Newman, Indigenous Affairs Program, Latest News, Politics, Releases
Reading Time: 3 mins read
A A

OTTAWA, ON (June 4, 2019): The Senate Standing Committee on Aboriginal Peoples is currently considering Bill C-262, which aims to bring Canadian laws into harmony with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

MLI Munk Senior Fellow Dwight Newman will be testifying before the Senate Standing Committee on the proposed legislation on June 4 at 9:00am, ET. In his written submission to the committee, Newman has warned that the bill as it stands could introduce more uncertainty into Canadian law and needs to be amended.

Importantly, MLI has also received an opinion from former Supreme Court of Canada Justice John C. Major addressed to Senator Lillian Dyck, Chairperson of the Standing Senate Committee on Aboriginal Peoples. Major’s letter reaffirms Newman’s analysis and proposes reforms to mitigate some potentially serious issues with the drafting of C-262.

Both Newman and Major are available to comment on Bill C-262.

According to Newman, “while the Bill’s objectives are laudable and represent an important response to the norms [in UNDRIP], when considered as a potential Canadian statute, there are serious issues with the Bill and its implications that need to be considered carefully and that may lead to possible reasons to amend aspects of the Bill.”

In his submission, Newman explains that parts of C-262 could affect the “complex body of law on the duty to consult Indigenous communities,” creating the potential for judicial confusion and uncertainty. He points to testimony that suggests that the Bill’s implications might extend beyond the scope of the federal government.

In his legal opinion, Justice Major identifies some similar issues with the Bill. He finds that C-262 lacks clarity regarding its implementation window and at times uses language that is unclear and vague. He also warns lawmakers that the use of “novel language” – that is, language without judicial precedent – only heightens the uncertainty that this well-intentioned Bill could create.

For instance, both Newman and Major are concerned that the provisions on “application in Canadian law” are in the operative section of the law and not in the preamble. This is unprecedented phrasing and creates a lack of certainty on when the law applies. The intent is for a gradual and eventual harmonization with UNDRIP, not an immediate application to Canadian law, which is how the bill as it stands could be interpreted.

“Making law is arguably the most important activity of government,” explains Justice Major. “An Act is the most formal expression of the will of the state. It needs to be understood by the public, members of Parliament and the Senate, and the courts. There is a need for clarity and certainty.”

Given the potential unintended consequences, Newman suggests that the bill is analogous to an omnibus bill and must be studied by the multiple committees whose mandates could be affected. Furthermore, he proposes amendments to the bill that would help resolve some of its issues. These recommendations include:

  • Section three of Bill C-262 gives rise to more difficulties than any other section of the Bill. Accordingly, the Senate should consider removing section three of the bill or moving this section to the preamble.
  • The Senate could also consider amendments that make clear that the Bill does not have disruptive effects on section 35 of theConstitution Act, 1982.
  • If the Senate determines that a specific definition of Free Prior and Informed Consent is that which it considers implicit in Bill C-262’s adoption of UNDRIP, it could set out a section providing a deemed definition of FPIC.
  • The Senate should ask Justice lawyers to apply themselves to some of the linguistic inconsistencies in the current form of Bill C-262.
  • This committee should also solicit views from other committees.

To read Newman’s full written submission to the committee, click here. Justice Major’s full opinion letter may be read here.

For more information or to arrange interviews with Dwight Newman or the Hon. Justice John Major, media are invited to contact:

Brett Byers-Lane
Communications and Digital Media Manager
613-482-8327 x105
brett.byers-lane@macdonaldlaurier.ca

Tags: Dwight NewmanIndigenousindigenous affairsJohn C. MajorUNDRIP
Previous Post

Today’s China has lost its soul and integrity: Anastasia Lin in The Daily Telegraph

Next Post

30 Years On, The CCP is Still Unrepentant About the Tiananmen Massacre: J. Michael Cole in the Taiwan Sentinel

Related Posts

A nation of too many laws: William Watson in the Financial Post
In the Media

A nation of too many laws: William Watson in the Financial Post

May 13, 2022
Latvian Prime Minister encourages Canada to lead in Europe’s energy crisis
Latest News

Latvian Prime Minister encourages Canada to lead in Europe’s energy crisis

May 12, 2022
A Conversation with the Prime Minister of Latvia, Krišjānis Kariņš
Foreign Affairs

Video: A Conversation with the Prime Minister of Latvia, Krišjānis Kariņš

May 12, 2022
Next Post
30 Years On, The CCP is Still Unrepentant About the Tiananmen Massacre: J. Michael Cole in the Taiwan Sentinel

30 Years On, The CCP is Still Unrepentant About the Tiananmen Massacre: J. Michael Cole in the Taiwan Sentinel

Macdonald-Laurier Institute

323 Chapel Street, Suite #300
Ottawa, Ontario
K1N 7Z2 Canada

613.482.8327

info@macdonaldlaurier.ca
MLI directory

Follow us on

Newsletter Signup

First Name
Last Name
Email Address

Support Us

Support the Macdonald-Laurier Institute to help ensure that Canada is one of the best governed countries in the world. Click below to learn more or become a sponsor.

Support Us

Inside Policy Magazine

  • Current Issue
  • Back Issues
  • Advertising
  • Inside Policy Blog
  • Privacy Policy

© 2021 Macdonald-Laurier Institute. All Rights reserved.

No Result
View All Result
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
  • Experts
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Energy
      • Health Care
      • Justice
      • Social issues
      • Social licence
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media

© 2021 Macdonald-Laurier Institute. All Rights reserved.

IDEAS CHANGE THE WORLD!Have the latest Canadian thought leadership delivered straight to your inbox.
First Name
Last Name
Email address

No thanks, I’m not interested.