Order in Council
No. 459 / 1999
On Matters of State
To the Honourable the Lieutenant Governor in Council
The undersigned, the Minister of Justice
Submits for approval of Council a report setting forth that:
Subsections 4(1), (2), (4) and (6) of The Department of Justice Act, chapter J35 of the Continuing Consolidation of the Province of Manitoba, provide as follows:
"4(1) The Lieutenant Governor in Council may, by order in council, appoint such committees as may be required
to inquire into, investigate, report, and advise on any matter referred to any such committee by the minister; and
to perform such other duties as may be prescribed by the Lieutenant Governor in Council.
4(2) A committee appointed under subsection (1) shall consist of such number of persons, each of whom shall hold office for such term, as the Lieutenant Governor in Council may prescribe in order.
4(4) A committee appointed under subsection (1) shall report to the minister within such period as he may direct, or may report to him periodically or from time to time as he may require.
4(6) From and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the written requisition of the minister, may pay to persons appointed as members of any committee appointed under subsection (1) such sums as remuneration for their services, as may be fixed by order of the Lieutenant Governor in Council, together with the amount of such reasonable out-of-pocket expenses incurred by them in discharging their duties as may be approved by the Minister of Finance and certified by the minister."
AND WHEREAS the Aboriginal Justice Inquiry established in 1988 reported to government in 1991 on the state of conditions with respect to aboriginal people in the justice system in Manitoba and made recommendations for improvements to the justice system;
AND WHEREAS it is deemed expedient and advisable to establish an Aboriginal Justice Implementation Commission which shall be responsible for recommending priority areas for government action with respect to those areas for which the Manitoba government is accountable and responsible; recommending practical, cost-effective and attainable implementation and funding strategies for the activities for priority action within existing Canadian law; reporting on the current status of implementation of the recommendations of the Aboriginal Justice Inquiry; and communicating and consulting with Manitobans in relation to the setting of priorities and development of implementation strategies;
AND WHEREAS Paul Chartrand and Wendy Whitecloud are respected members of the aboriginal community and are able to serve as Commissioners to fulfil the responsibilities assigned to the Aboriginal Justice Implementation Commission;
AND WHEREAS Eva McKay and Doris Young are respected members of the aboriginal community and are able to advise and assist the Commissioners as elder advisors;
AND WHEREAS it is deemed expedient and advisable to appoint the said Paul Chartrand and Wendy Whitecloud as Commissioners of the Aboriginal Justice Implementation Commission;
AND WHEREAS it is deemed expedient and advisable to appoint the said Eva McKay and Doris Young as elder advisors to the Aboriginal Justice Implementation Commission;
THEREFORE he, the Minister of Justice, recommends
THAT the Aboriginal Justice Implementation Commission be established.
THAT Paul Chartrand and Wendy Whitecloud be appointed as Commissioners of the Aboriginal Justice Implementation Commission and each be paid $500.00 per day for each day served as a Commissioner.
THAT Eva McKay and Doris Young be appointed as elder advisors to the Aboriginal Justice Implementation Commission and each be paid an honorarium of $1000.00 per month.
THAT the Commissioners provide status reports and implementation recommendations to the Minister of Justice and Minister of Aboriginal and Northern Affairs on a quarterly basis and a final report by March 31, 2001.
THAT such appointments be effective on, from and after the 29th day of November, 1999.
Terms of Reference
Aboriginal Justice Implementation Commission
The Aboriginal Justice Implementation Commission is established to review the recommendations of the Report of the Aboriginal Justice Inquiry (1991) and to advise the government on the recommended methods of implementing those recommendations for which the Province of Manitoba is responsible and accountable. The Commission is responsible for:
Recommending priority areas for action to be undertaken by Manitoba, agencies under Manitoba's jurisdiction or those organizations funded by it in the short term, and sequentially in the longer term.
Recommending practical, cost-effective and attainable implementation and funding strategies for the activities recommended for priority action.
Supporting the principles set out in the Aboriginal Justice Inquiry within a justice system that is flexible and can be administered at the local level, and which operates under the current criminal laws of Manitoba and Canada.
Reporting to government on the current status of implementation of the recommendations of the Aboriginal Justice Inquiry with respect to those areas for which the Manitoba Government is accountable and responsible.
Communicating and consulting with Manitobans for the purpose of setting priorities and developing implementation strategies for proposed changes to the justice system. However, given the extensive public input during the Aboriginal Justice Inquiry, formal public hearings are not contemplated or authorized as part of the work of this Implementation Commission.
Providing recommendations to the Ministers on specific issues as they are finalized.
Providing status reports and implementation recommendations to the Ministers on a quarterly basis, with a view to finalization by March 31, 2001.
Assessing the jurisdiction to undertake the work of the Commission having regard to the Framework Agreement entered into between Canada and First Nations and the Reports of the Royal Commission on Aboriginal Peoples.