Oversight Committee Minutes | March 2, 2018 - Teleconference
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Meeting of March 2, 2018 - Via Teleconference
|Juliet Donnici||Government of Canada representative|
|Mitch Holash||Church representative (Catholic entities)|
|David Iverson||Church representative (Protestant Churches)|
|Tara Shannon||Government of Canada representative|
|Diane Soroka||Claimant counsel representative (Independent Counsel)|
|Daniel Shapiro||Chief Adjudicator|
|Akivah Starkman||Interim Executive Director, IRSAS|
|Russell Vallee||Recorder, IRSAS|
|Les Carpenter||Inuit representative|
|David Paterson||Claimant counsel representative (National Consortium)|
Note: Assembly of First Nations position vacated with appointment of Paul Favel to Federal Court. New AFN representative not yet in attendance.
Chair Mayo Moran welcomed everyone to the teleconference and advised that the purpose of this call was to discuss the SOS Admissions Project and whether it can continue following Madam Justice Brownâ€™s decision on Canadaâ€™s Procedural Fairness RFD. The concern is to ensure that the SOS Project is not proceeding in violation of paragraph 100 of that decision. The decision is being appealed by the Assembly of First Nations, Independent Counsel and the Aboriginal Law Group.
The Chief Adjudicator noted that at the last Oversight Committee meeting in January, Canada advised that it would need more time before it could follow up with the Technical Subcommittee and the Chief Adjudicator regarding its interpretation of paragraph 100. In the absence of a position being communicated by Canada, the Chief Adjudicator advised adjudicators not to go to submissions or decisions in any of the 55 cases that were on hold, until such time as clarity on paragraph 100 was received. The Chief Adjudicator also instructed his counsel to write to Court Counsel on February 9, 2018, seeking clarification from Justice Brown in that regard. Justice Brown dealt with the matter in open court on February 15, 2018, declining to make a formal ruling because there was no new RFD filed. From feedback from the proceeding, the Chief Adjudicator got the impression that the parties were encouraged to come to an agreement on the issue. Canadaâ€™s legal counsel suggested to Justice Brown that the matter be returned to the Oversight Committee.
Court Counsel confirmed that Justice Brown stated that the SOS Project was not before her on December 1, 2017 (the date Canadaâ€™s RFD was argued), and that paragraph 100 of her decision does not address matters that the parties elect to deal with by consent.
After discussion, Oversight Committee members in attendance unanimously approved the following statement:
For further clarity, the IAP Oversight Committee supports the SOS Admissions Project proceeding and the IAP Oversight Committee will continue to monitor its timeframe.
The Chief Adjudicator will communicate to adjudicators that the SOS Project may now resume, with the support of the Oversight Committee.
Tara Shannon announced that she is leaving the department and taking a new position elsewhere in Government. Participants thanked Tara for her contributions to the Committee and wished her well in her new role.