Law Times

Page 4 NEWS November 25, 2013 Law Times • Aboriginal Affairs defends legal spending BY YAMRI TADDESE Law Times T Illustration made using Piktochart Source: Federal government public accounts he federal government is defending the $106 million spent on legal services at Aboriginal Affairs and Northern Development Canada. The government's response follows a Nov. 11 Law Times story that showed Aboriginal Affairs spent $106 million on legal services last year, an amount that topped the list of all other federal government departments. Not all of the money went to litigating First Nations issues, the department said after the story sparked significant criticism. The cost of litigation was about $65 million, it reported last week. Further, 96 per cent of the ligitation involves matters brought against the government that it must defend, the department noted. Aboriginal Affairs' legal tab has exceeded the $100-million mark for the last three years. Its legal costs are significantly greater than at other departments. The Canada Revenue Agency, which was the second highest spender on legal services, paid $66 million in 2012-13. The CRA paid $52.2 million of that amount to the Department of Justice. In background information published on its web site on Nov. 15, Aboriginal Affairs said the $106 million also includes advisory services. "Not all of AANDC's legal costs are related to defending litigation. In fact, many of the legal costs relate to services and negotiation," the department said. The department also said that of the $106-million bill, it paid $73.3 million to the Department of Justice. It also paid $30 million to contract lawyers and another $2.7 million for adjudication services and "other fees," such as those related to the Indian residential schools adjudication secretariat. In its response, the department said it deals with "complex" issues that lead to litigation. "The complexity of aboriginal legal issues is grounded in the centuriesold relationship between the federal Crown and Aboriginal Peoples," it said. "This relationship has historical, constitutional, and legislative underpinnings, which brings AANDC to be involved in many litigation cases." It noted its litigation efforts have resulted in "marking new territory" when it comes to some parts of the law related to First Nations. "Section 35 of the Constitution Act 1982 recognizes and affirms the existing aboriginal and treaty rights in Canada and is an important part of our shared history. As well, in areas like s. 35 rights, we are charting new territory and have to rely on our court system heavily given our democratic system." LT GAIN THE UPPER HAND WITH PRACTICAL GUIDANCE ON EVERY CRIMINAL DEFENCE POSSIBLE NEW EDITION CRIMINAL LAW DEFENCES, 4TH EDITION PAT KNOLL, Q.C. Discover why top criminal lawyers across Canada have been turning to Criminal Law Defences for decades. Criminal Law Defences, 4th Edition still remains the only reference to carefully and concisely review every single positive defence available in Canadian criminal law – including lesser known defences not found in standard texts. Now, you can own the all-new fourth edition of this practical guide, newly updated with a thorough review of the latest significant developments in criminal law defences. In Criminal Law Defences, 4th Edition, you'll find a clear examination of the requirements for proof of a crime; a straightforward explanation of each defence; and a concise analysis of how the courts have interpreted it in recent decisions. You'll learn exactly how each defence attacks the Crown's case, where the strengths and weaknesses of each defence lie, and how shifting standards and burdens of proof affect the strength of the defence. The concise digest format helps you quickly pinpoint all possible defences, and the author's insightful analysis and expert guidance help you identify where to concentrate your efforts. ORDER # 985530-65203 $147 Softcover approx. 320 pages August 2013 978-0-7798-5530-8 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 AUTHORITATIVE. INNOVATIVE. TRUSTED. www.lawtimesnews.com

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