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What Is Chief Spence Hiding?

Posted: 12/15/11 10:46 AM ET

This is the question of the day (week/month), isn't it? Cue the accusations of fraud, of theft, of corruption. All made without a shred of evidence to support them. Made as though such statements are self-evident. Self-evidentiary. Obviously true. The question itself frames the discussion. The question even answers itself.

Logical fallacies are bad, m'kay?

Asking, "what is Chief Spence hiding" is begging the question. It is a logical fallacy. As any forum warrior knows, identifying logical fallacies gets you "points" in discussions and so a lot of people have become somewhat familiar with them, despite misusing them constantly. Nonetheless, for those of you not familiar with this particular logical fallacy, I'll explain.

Begging the question is when the thing you want to prove is assumed to be true in the question itself. "What is Chief Spence hiding" assumes that in fact, Chief Spence is hiding something, and the real question is merely what that something is. No proof is offered to support the assertion that she is hiding anything at all, it is merely seen as obvious.

The question people should be asking if they are honestly interested is, "Why is Chief Spence rejecting third-party management?"

If the answer turns out to be, "because the third-party manager would find out that Chief Spence is the Imelda Marcos of the North," fine. Snap the photos of her $3 million collection of designer shoes and then say, "Well she was hiding this! Ha, in your FACE unpronounceably named Métis blogger!"

However, phrasing the inquiry in a way that essentially assumes her guilt is utterly dishonest. It isn't very effective either, if you are genuinely wondering what the heck is going on.

Absence of evidence is not evidence of absence
This is another logical fallacy powering many of the claims being made all over the comments sections right now. The logical fallacy wizards love the latin term, argumentum ad ignorantiam. I prefer the above titled phrase because it's just so darn catchy. It's also a little nicer than the English term, "argument from ignorance."

This lovely little fallacy has people making claims based on lack of evidence to the contrary. The classic argument being, "If you can't prove this thing I'm saying is false, then it must be true!"

It is being used like this: "You can't show me evidence that Chief Spence isn't lining her pockets and covering it up, therefore that is precisely what she is doing!"

Of course, it isn't phrased so obviously. It usually comes out in a series of exchanges, starting with the question/accusation in the first fallacy. If anyone dares to question such an obvious truth, then immediate proof that she isn't hiding anything is demanded. The burden of proof is completely shifted from the person making the accusation, on to the person who has questioned it. When you can't provide conclusive evidence of lack of hiding/fraud/corruption/whatever, then you are told that lack of evidence is evidence of absence (i.e. there is no evidence, thus she is guilty).

It would be as fallacious to tell someone that an inability to definitively prove a lack of fraud/corruption/hiding/whatever means that there is no fraud/corruption/hiding/whatever. However, one approach is definitely more prejudicial than the other. The approach that assumes fraud and corruption in First Nations is a popular and damaging one, made all the worse for the lack of any attempt to prove the claims beyond engaging in logical fallacies.

...and knowing is half the battle!
When you recognise how the discussion is being framed (muahaahaha!), you can avoid falling into the incredibly frustrating trap of defending against something you aren't really arguing. Why should you spend your time defending Chief Spence? Why should you spend your energy defending First Nations against charges of corruption and fraud, when there is no real evidence of such?

Forget it. Reframe the question in your own mind, and perhaps do the same for others. "What is going on?" "Why did Chief Spence ask the third-party manager to leave?" "Is this problem new?"

There will be theories, there will be accusations, there will be a few reasonable suggestions. There will be more worthy discussions.

Forced to defend herself and the community
Chief Spence has made public a number of press releases since the media storm made Attawapiskat one of the few Cree words all Canadians can now pronounce accurately.

The first was released on Dec. 1, and dealt with the imposition of third-party management as well as accusations being made about how no one knows where "all that money" goes in Attawapiskat.

The second was released on Dec. 5, and addressed the uglier and more bizarre accusations. I'd like to call this whole series of episodes "Zamboni-gate."

The release I really want you to look at was published on Dec. 11. I want to note that these statements do not constitute evidence. They are not proof, nor am I conflating them with such. Nonetheless, Chief Spence attempts to address the many accusations being made. This press release provides her version of the events. If we are going to continue this trial in the arena of public discussion, then at the very least, she should be heard.

Feel free to reject her reasoning as flawed, go ahead and claim it further proves she is indeed "hiding something." But don't be surprised when your fellow commentators start asking you for actual evidence for your claims beyond your opinion. Such requests are overdue in this national discussion.

Let's kick it up a notch, Canada
This discussion matters. This discussion has us asking questions about fundamental relationships. This discussion has us asking questions about our system and our history, and many people are realizing they just don't understand what is happening. Best of all, this discussion has us asking "why don't we understand what is happening?"

I submit to you that this lack of understanding can be fixed. We absolutely can take this opportunity to learn more about the background and the context that has us all talking about a tiny native community most Canadians had never heard of until now.

We can begin by paying attention to the assumptions being made, the logical fallacies clouding the discussion, and the utter lack of any principle of "innocent until proven guilty" in the national discussion. Yup, I'm appealing to all sorts of "Western" philosophical and procedural traditions here. I'm appealing to what I consider to be the best of what Canada has to offer.

Right now, we are stuck in an adversarial battle that is further dividing us, and I don't just mean natives versus non-natives. There are plenty of non-Aboriginal Canadians who are truly sickened by the way these discussions have developed. Downloading everything onto this one community will bring false closure much more quickly than a real national discussion, and perhaps this easy way out is preferable to some. Few people enjoy having those "relationship discussions."

But we're going to have to do it someday. I see no reason to continue putting it off. Let's just admit we had a fight so we can stop feeling defensive, and let's get talking like we want this thing we have to last.

‎As Paul Simon once said, "Breakdowns come and breakdowns go, so what are we going to do about it, that's what I'd like to know. You don't feel you could love me but I feel you could."

 
This is the question of the day (week/month), isn't it? Cue the accusations of fraud, of theft, of corruption. All made without a shred of evidence to support them. Made as though such statements a...
This is the question of the day (week/month), isn't it? Cue the accusations of fraud, of theft, of corruption. All made without a shred of evidence to support them. Made as though such statements a...
 
 
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Donna Meness
www.findmaisyandshannon.com
07:47 PM on 12/19/2011
UN Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People - Extractive Industries Operating Within or Near Indigenous Territories (2011)

http://caid.ca/UNHRC18RepRap2011.pdf
01:04 PM on 12/19/2011
When our illustrious leader visits anywhere they roll out the red carpet and bow from the knees. But a bona-fide Chief in her own territory must be humiliated by people not of her nation? This is unacceptable in my Canada.
The minister responsible needs a lesson in basic humility and respect and as a Caucasian in this land I am ashamed for my people and the things they have done in this matter since the first treaty.
Awake Oh Canada
Donna Meness
www.findmaisyandshannon.com
07:19 PM on 12/17/2011
One of the principal ways that governments and industry propose to link mining with community development is through the negotiation of Impact Benefit Agreements or IBAs. These agreements have become commonplace for new mines and are meant to compensate Indigenous communities for infringements on their rights and to gain their support for a project.

The signing of an IBA was identified as the key social mitigation measure for the Victor project in its environmental impact assessment. MiningWatch was critical of that assessment due to the poor quality and scope of the soci-economic baseline and the lack of a participatory research method for collection of data. While far from a complete solution, a better socio-economic assessment process preceding the development of a mine could help future projects to have a more positive social impact.

Relying on the IBA as the principal driver of social benefits at Victor and elsewhere is problematic because there is no legal standard or requirements for IBAs, and communities are left to try and get the best deal they can through negotiations with deep-pocketed, well lawyered multinational mining companies.

A 2010 report from DeBeers states that payments to eight communities associated with its two mines in Canada totalled $5,231,000 that year. The same report indicates that a total value of diamonds sold by DeBeers in 2010 was $446,020,000.
Donna Meness
www.findmaisyandshannon.com
07:17 PM on 12/17/2011
Attawapiskat First Nation - includes financial statements and press releases:
http://www.attawapiskat.org/

APTN story on connections between sewage, housing and DeBeers:
http://aptn.ca/pages/news/2011/12/13/%E2%80%9Ci-am-not-familiar-with-the-story-says-de-beers-spokesman

Dealing with comments about Attawapiskat - an informative blog post including a look at the financial constraints Attawapiskat and other reserve communities live under:
http://apihtawikosisan.wordpress.com/2011/11/30/dealing-with-comments-about-attawapiskat/

DeBeers Canada - see the media / publications section for economic reporting cited above:
http://www.debeerscanada.com

Oral Promises Broken Promies - about history of Treaty 9:
http://://www.miningwatch.ca/oral-promisesbroken-promises-shows-alternative-interpretation-ontarios-treaty-9

Seeing the Forest and The Trees - a decolonizing perspective from Bob Lovelace:
http://www.facebook.com/permalink.php?story_fbid=310313952321959&id=222117117808310
Donna Meness
www.findmaisyandshannon.com
03:07 AM on 12/17/2011
It is rich that Harper is sending auditors to Attawapiskat, when he recently reduced funding to the Comptroller and Auditor General, whose jobs are to keep track of his spending.

http://www2.canada.com/topics/news/national/story.html?id=5792357
Donna Meness
www.findmaisyandshannon.com
03:06 AM on 12/17/2011
Right off the top, the Harper government does not give $34 million a year to the band. According to Âpihtawikosisân, for the 2010/11 fiscal year, the federal government contributed only $17.6 million. The rest of their budget (which they post online) comes from other sources.

The five year, $90 million figure used by Harper, includes a school that had to be torn down because it was built over toxic waste.

There is also the fact they are not given the same allowance for education and healthcare, as non-native communities. Everything has to come from these allotments.

An important fact that many commentators forget (or are unaware of) is that section 91(24) of the Constitution Act of 1867 gives the Federal Crown exclusive powers over "Indians, and Lands reserved for the Indians." You see, for non-natives, the provinces are in charge of funding things like education, health-care, social services and so on.

For example, the Province of Ontario allocated $10,730 in education funding per non-native pupil in the 2010-2011 fiscal year. For most First Nations, particularly those on reserve, the federal government through INAC is responsible for providing funds for native education - which is about $3,000 per child on reserve.

The federal payments are legal treaty commitments, not "hand outs" as implied. If they spent it all on housing, how could they afford other basic Canadian rights, like the right to education and health services?
Donna Meness
www.findmaisyandshannon.com
03:33 AM on 12/17/2011
Georges Erasmus wrote in the forward of DRUMBEAT: Anger & Renewal in Indian Country - ISBN#0-929091-03-5 ( page1):

"As people of the First Nations of Canada we have a vision of the sort of country we want to live in & to build in collaboration with other Canadians. It is certainly not the sort of country we have now... To do so we have to go back to the agreement made in the Two-Row Wampum Treaty signed between First Nations & the newly arrived Europeans in 1664. All across North America today First Nations share a common perception of what was then agreed: we would allow Europeans to stay among us & use a certain amount of our land, while in our own lands we would continue to exercise our own laws & maintain our ouw institutions & systems of government. We all believe that that vision is still very possible today, that as FN we should have our own governments with jurisdiction over our own lands & people. WE SHOULD DECIDE ABOUT AND BENEFIT FROM THE TYPE OF DEVELOPMENT WE WANT IN OUR OWN TERRITORIES, NOT HAVE SUCH DEVELOPMENT FORCED ON US TO SERVE OUTSIDE INTERESTS."

http://www.lib.sfu.ca/help/subject-guides/criminology/aboriginal-law

&

http://scc.lexum.umontreal.ca/scc-eliisa/search?language=EN&documentScope=judgment&documentScope=news&documentScope=bulletin&all=Aboriginal+Rights
12:58 PM on 12/19/2011
Hear hear! Now if you could only make our prime minister recognize his responsibilities in the issue and make the CORRECT decisions.
Donna Meness
www.findmaisyandshannon.com
07:30 PM on 12/19/2011
Aboriginal rights were recognized by Canada in 1982, yet there has been no advancement of these rights through the mechanism of change. Canada has prevented the progression of Aboriginal rights into law and regulations by enforcing non-aboriginal law and regulations that antagonistically suppress Aboriginal rights. The most appropriate example of this is with the Aboriginal right to hunt for livelihood in Ontario. The Constitution Act and Treaties signed with Ontario’s First Nations guarantee the right to hunt for livelihood but the provincial government has legislated against commercial wildlife harvest, enforcing this law against First Nations. Further, Ontario withholds economic development funds for traditional First Nation wildlife-based economic development and meaningful Aboriginal consultation on wildlife management while managing wildlife populations9 by retailing hunting rights to non-aboriginal recreational hunters. The Province of Ontario is not an isolated example.

http://caid.ca/rebuilding.html#reb-rebuildinginfrastru
Donna Meness
www.findmaisyandshannon.com
03:02 AM on 12/17/2011
http://pushedleft.blogspot.com/2011/12/attawapiskat-sheds-light-on-canadas.html

The Victor Mine is producing 600,000 carats of diamonds per year. The provincial government receives an 11% levee and the federal government, 15% in corporate taxes. All money coming from diamonds being extracted from land owned by the Attawapiskat people.

"...Maybe instead of sending in auditors to examine the books of the reserve, we should send the auditors to the government offices and De Beers. Where is the adequate housing and largess, promised by this "partnership"? They are not receiving "public" hand outs, but their share of tax revenues and corporate profit."

1. Attawapiskat gives thumbs up to mining project: The Victor diamond mine project passed its latest hurdle. Wawatay News, July 14, 2005: Volume 32 #14

(http://www.wawataynews.ca/node/10020_

2. Attawapiskat First Nation, Canadian Business Ethics Research Network, 2009

(http://www.cbern.ca/research/projects/workspaces/cura_project/case_studies/attawapiskat_first_nation/)

3. Attawapiskat members issue demands to DeBeers, Wawatay News, February 18, 2009

(http://www.wawataynews.ca/archive/all/2009/2/18/Attawapiskat-members-issued-demands-to-DeBeers_15416)

4. Attawapiskat unhappy over Victor Mine issues: Environmental, contract and discrimination concerns emerge, By: Nick Stewart, Northern Ontario Business, December 7, 2009

(http://www.northernontariobusiness.com/Industry-News/mining/Attawapiskat-unhappy-over-Victor-Mine-issues604.aspx)
09:50 AM on 12/16/2011
I'm going to have to admit that I'm one of the people who immediately jumped to the conclusion that something stank with the way the bandleaders were handling the monies being provided by the Federal and Provincial governments, without a shred of evidence having yet been proffered.
I'm also one of the people who question how it's even possible for a people to be able to keep and maintain their hunter/gatherer culture separate from the rest of Canada while sitting in one spot.
It's fairly evident that this band of Cree are not retaining their heritage and traditions when the substance and addiction stories are brought up, or the issue of a lack of housing when that in the past that problem was easily resolved with the building of sod homes.
Personally, and this is where I expect people to hate on me, I feel that if native cultures truly wish to be allowed to retain their ways of life, that all dole monies that are provided in the form of welfare and tax credits from the Governments be stopped, essentially forcing them to finally make a choice instead of sitting there, miserable and bitter, with one foot on each side of the culture line railing against social injustice. All that's done is gone and made things worse. It's time to take some responsibility for their lives and where they wish to go from here, and then make it happen.
Donna Meness
www.findmaisyandshannon.com
02:13 AM on 12/17/2011
"I'm also one of the people who question how it's even possible for a people to be able to keep and maintain their hunter/gat­herer culture separate from the rest of Canada while sitting in one spot. "

Do your homework. -

Section 35 of the Constitution Act, 1982, provides legal recognition for Aboriginal and treaty rights.
35(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
(2) In this Act, the “aboriginal peoples of Canada” includes the Indian, Inuit and Metis peoples of Canada.
(3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.
(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.
Donna Meness
www.findmaisyandshannon.com
02:22 AM on 12/17/2011
Your narrow views on what you think is traditional are exactly that, narrow. I wrote this a while ago when another individual questioned traditional hunting and I thought it would be fitting to post it again: Traditions stem from very strong beliefs and ideals. They are customs followed by people giving them their identity. No matter how strong traditions are they still change and evolve. 150 years ago a traditional Christian dinner at x-mas included a dinner with gift exchange. The food, whether it be wild or farmed, would have been directly harvested and prepared by the family and gifts would have been hand made by the individuals gifting. Today the traditions still remain but instead the food and gifts are store bought. Is it any less of a tradition because modern practices within the tradition are now followed? Is it any less of a tradition because you drove a car to the store? NO! The ideals of spending time with loved ones, giving to your fellow man, and sharing food is the tradition. The ideals are the basis of the tradition. When it comes to Natives the tradition of hunting is still very strong within the culture. Modern firearms and transportation are used today but it doesn't make it any less traditional. The ideals of respect for the environment, sharing your catch with the community (especially the needy and hungry), and a spiritual connection to the environment and animals still remain.
HUFFPOST SUPER USER
Angus12
07:27 AM on 12/16/2011
I've asked this question numerous times since this story broke. I want to know how much Chief Spence makes as the band Chief and I want to see a picture of her house. No answers yet.
11:02 AM on 12/16/2011
Chief Spence makes 71K/year, a simple google of "Chief Spence and Salary" will tell you that.

I wondered why she rejected the third party management, then I heard that they were going to bill the band 1300/day for him and I understood completely...

I freely admit I don't understand the complexities of the issue, what I do understand is that the Indian Act (or whatever it is called), is harmful to natives of Canada.
06:07 PM on 12/27/2011
Yeah sure you did. How much she makes is public record - easy to find - and where she lives appears in the same tired picture that routinely appears. There are also some close ups. She makes ~$69K and has a few travel expenses. I can't count how many boneheads think that travel expenses are income (I travel a lot for work - the costs do not come out of my pocket - if you had to pay out of your own pocket, Peter McKay would be broke). She lives in an office that has been converted into a residence. I wouldn`t call the building a mansion or even in good shape. Are you the same guy who alledged she also drives a mercedes.. If you really wanted to know the answer you already would have found it - but that`s nopt really your objective is it.
photo
HUFFPOST SUPER USER
Whistlejackett
Hey stop doing that
04:01 AM on 12/16/2011
I have been listening to the situations of native people for about 50 years now, and the stories have changed considerably. From outright racism and neglect, to a now open, but not successful present day situation for all, however, Donna Meness gave quite a thorough compilation of facts, that should be considered, although they imply a temporary solution. My offering here will focus on the present and exclude history, for the reason being that this is not about culture, and it shouldn't be.

Sometimes a good starting point is the one that no one seems to care about. I will also exclude today's parents and their histories, but focus instead on their children. History of any kind seems to bog down issues and build a wall as high as the Chinese one is long. Kids are very small and can teach us what is truly needed in crises. When we focus on the needs of children, we lose our desire to be racist, and foolish, and blaming, and stuck in history.

Even philosophical minds can be silenced, in order to move ahead with few stumbling blocks. If something is being hidden, it is the many self-righteous people on both sides with their bias, or political positions, that always get in the way. Please don't trip over your well founded solutions.
Donna Meness
www.findmaisyandshannon.com
01:35 AM on 12/16/2011
Tom Flanagan is the only person ever to have lived in both Ottawa, Illinois, and Ottawa, Ontario. Born and educated in the United States, he immigrated to Canada in 1968. He is professor of political science at the University of Calgary and a fellow of the Royal Society of Canada. In the years 2001-06, Tom held various positions for Stephen Harper and the Conservative Party of Canada - including chief of staff, campaign manager and political adviser.

The Treaty 7 Indians alerted us long ago...about the Northern Foundation & Flanagan's "Calgary School "

http://www.walrusmagazine.com/articles/the-man-behind-stephen-harper-tom-flanagan/
Donna Meness
www.findmaisyandshannon.com
01:23 AM on 12/16/2011
Tom Flanagan, Stephen Harper's former campaign manager and chief of staff, received a lot of media criticism for saying that " political attack" ( ads ) don't have to be true, they just have to be plausible."

A professor in the University of Calgary’s political science department since 1968 and lifetime advisor to Stephen Harper, Flanagan has unsurprisingly generated considerable controversy with his policy recommendations regarding aboriginal peoples. :“Call it assimilation, call it integration, call it adaptation, call it whatever you want: it has to happen.”

These words come straight from the pages of Tom Flanagan’s 2000 work First Nations? Second Thoughts and sum up his conviction that since First Nations in Canada are uncivilized and their governments produce “wasteful, destructive, familistic factionalism,” they should not be entitled to self-governing powers, special tax exemptions or federal funding, but should be assimilated and their reserves divided up into parcels of individually owned, “fee simple” lands available for sale to non-aboriginal people and corporations.

As a Poli Sci prof he appeared to greatly admire the philosophy that the use of power/force to advance the aims of the government, or political group, as well as to protect itself against criticism and perceived threats to its ideology was justified and necessary. More of the 'you do as I say or you will be punished/excluded/eliminated' school of thought.
Donna Meness
www.findmaisyandshannon.com
01:06 AM on 12/16/2011
Directly above the Albany lies the Ring of Fire more than 5,000 square kilometres of pristine wilderness that is believed to contain a $30 billion deposit of chromite, the ore used to make stainless steel. Prospector­s also say a treasure trove of platinum and diamonds lies underneath­.

But the pursuit of these riches means little brother must blast, bulldoze and bigfoot through the Albany watershed, the surroundin­g boreal forest and the swampy peatland of the Hudson Bay lowlands.

The race to develop the ring is already furiously underway. Internatio­nal mining companies have staked more than 9,000 claims covering 480,000 hectares. All-weathe­r roads, bridges and a railway line are being planned to transport the precious ore south.

This is a huge endeavour and we have no experience in chromite mining in Canada, says Baggio. It will involve permanent changes to the Far North?s sensitive ecosystems and to local communitie­s.

The risks are enormous ecosystems­, the Attawapisk­at and Albany watersheds­, pollution. There needs to be some full accounting­...

Railway bridges would have to be built to cross both the Albany and the Attawapisk­at rivers.

http://www­.thestar.c­om/news/ca­nada/artic­le/1006854­--rafting-­to-the-rin­g-of-fire#­article
Donna Meness
www.findmaisyandshannon.com
01:04 AM on 12/16/2011
But an expert on indigenous affairs and a former legal councillor said that third-part
­y management is a common political tool used by the federal government­.

"And of course for First Nations, that third-part­y management is known as a budgetary death sentence," said Pamela Palmater, who is the head of Ryerson University­'s Centre of Indigenous Governance­.

"You don't just one day suddenly put someone in third-part­y, it's something that's worked on with the First Nation. It's clearly for political reasons," she told CTV's Power Play.

Read more: http://www­.ctv.ca/CT­VNews/TopS­tories/201­11208/atta­wapiskat-o­ttawa-cons­ultant-mon­ey-111208/­#ixzz1gI4B­o4R3

FOR REFERENCE:

http://www­.zcommunic­ations.org­/top-diplo­mat-s-repo­rt-to-mini­ster-laid-­out-strate­gy-for-gov­ernment-su­bversion-o­f-algonqui­n-communit­y-by-marti­n-lukacs
Donna Meness
www.findmaisyandshannon.com
01:03 AM on 12/16/2011
An Epidemic of Malfeasance

“Malfeasan­ce” is a very special word. It means corruption by a public official.C­anadian government takeover of our First Nations government­s, through Third Party Management­.

Auditor General of Canada is Concerned

The AGC’s report of May 2006 speaks for itself...

“Overall, the federal government­'s progress in addressing our 37 recommenda­tions on First Nations issues has been unsatisfac­tory.

“5.27 We found that some of the recommenda­tions that would likely make a significan­t difference in the lives and well-being of First Nations people and Inuit were not being implemente­d or that progress was unsatisfac­tory. These include ...address­ing gaps in the Third Party Manager Policy …

“5.49 In this audit, we found that the Department has not revised its 2003 policy. Instead it has proposed to have provisions for these missing elements in a new policy expected in April 2006. Similarly, the Department has not evaluated the effectiven­ess of third-part­y manager interventi­on as we had recommende­d. As such, the new policy being developed does not benefit from a formal evaluation of the third-part­y management process. Further, the present policy still does not include a strategy to build the capacity of First Nations management to end third-part­y management­…

http://www­.oag-bvg.g­c.ca/inter­net/Englis­h/parl_oag­_200311_10­_e_12933.h­tml#ch10hd­3c

http://www­.parl.gc.c­a/HousePub­lications/­Publicatio­n.aspx?Doc­Id=2414309­&Language=­E&Mode=1&P­arl=39&Ses­=1