The Minister of Justice, the SCM and the High Court of Cassation and Justice should finalise an action plan to ensure that the new deadline for the implementation of the remaining provisions of the Code of Civil Procedures can be respected. In order to improve further the transparency and predictability of the legislative process, and strengthen internal safeguards in the interest of irreversibility, the Government and Parliament should ensure full transparency and take proper account of consultations with the relevant authorities and stakeholders in decision-making and legislative activity on the Criminal Code and C ...[+++]ode for Criminal Procedures, on corruption laws, on integrity laws (incompatibilities, conflicts of interest, unjustified wealth), on the laws of justice (pertaining to the organisation of the justice system) and on the Civil Code and Code for Civil Procedures, taking inspiration from the transparency in decision-making put in place by the Government in 2016. The Government should put in place an appropriate Action Plan to address the issue of implementation of court decisions and application of jurisprudence of the courts by public administration, including a mechanism to provide accurate statistics to enable future monitoring.

Thereafter a template was prepared as to key features of this system that should be considered in the development of first nations financial procedures, policies, and rules, also known as codes.

(Return tabled) Question No. 334 Hon. Irwin Cotler: With regard to bijuralism and harmonization: (a) what measures are in place to ensure legislative bijuralism across all departments; (b) since the adoption of the “Policy on Legislative Bijuralism”, how has the Department of Justice (i) ensured that all legal counsel in the Department are made aware of the requirements of legislative bijuralism in order for them to be able to take it into account when advising client departments on legislative reforms, (ii) enhanced the capacity of the Legislative Services Branch to draft bijural legislative texts, (iii) undertook, in drafting both versions of every bill and proposed regulation that touches on provincial or territorial private law, to tak ...[+++]e care to reflect the terminology, concepts, notions and institutions of both of Canada’s private law systems; (c) since the adoption of the “Policy for Applying the Civil Code of Quebec to Federal Government Activities”, what measures are in place to ensure (i) changes to Quebec’s Civil Code are known and monitored by the government, (ii) assessment of federal legislation relative to changes to Quebec’s Civil Code, (iii) federal legislation is introduced to reflect, where necessary, changes to the Civil Code of Quebec; (d) with respect to the “Index of Bijuralism and Harmonization Caselaw” found online and indicating its most recent update was June 12, 2012, (i) how often is this page updated, (ii) given that some cases thereupon are from 2013, when was this page last updated, (iii) whose responsibility is it to update this page, (iv) what cases are currently being monitored for potential addition to this page; (e) with respect to cases involving bijuralism and harmonization, (i) in what ways are these made known to the Department, (ii) whose responsibility it is to monitor these cases, (iii), what role does the Federal government play in these cases if a party, (iv) what role does the government play if not a party, (v) who m ...

The money in the supplementary estimates for the implementation of the self-government acts is on a one-time basis to be available to support the development of fiscal and financial policies and procedures, human resource policies and procedures, a land code, registry of laws, system upgrades to track own-source revenue and training and transition, and then on an ongoing basis to be available to support enhanced financial management, impleme ...[+++]ntation of fiscal and financial policies and procedures, insurance, implementation of a comprehensive human resources management regime, legal and accounting services, community-based planning, and ongoing system maintenance.

We also, within this financial management code that we seek to impose on first nations, exceed the requirements of the federal government in the estimates process as well.

But if there is a different breach of a rule in a financial management and accountability code that doesn't trigger subclause 10(1), one that doesn't involve deficit or debt, then that is still a breach of the financial management code that the community members have approved and that could go to the redress mechanism under clause 11, because clause 11 allows individuals to say, I want to make a complaint in respect of a breach of a code.