NCCC’S Reply Motion Record of the Proposed Interested Party Status
Press Release
AFFIRM THAT:
1. I am the Chair of the National Children’s Chiefs Commission (“NCCC”), the Commissioner for the Yukon Region appointed to the NCCC, and Vuntut Gwitchin Chief. This is my second affidavit in this matter. Details of my professional background are set out in my first affidavit, affirmed November 20, 2025. I affirm this affidavit in support of the NCCC’s motion for interested party status in this matter, and for no other or unlawful purpose. I acknowledge the consequences of making a false statement in an affidavit.
2. I have personal knowledge of the matters that I depose to in this affidavit, except where I state them to be on information and belief, and where so stated, I verily believe them to be true and state the source of the information.
I. The NCCC Promptly Engaged in Efforts to Set Up a Process for this Motion
3. I reviewed the Written Submissions of the Attorney General of Canada (“Canada”), dated February 4, 2026. I note Canada states at paragraph 27 that, “there was no process by which the parties could test the evidence through cross-examination.” In reply, the following is a summary of correspondence among counsel and the Canadian Human Rights Tribunal (“Tribunal”) in relation to the NCCC’s motion for interested party status.
3. On November 21, 2025, Alexander DeParde, Aird & Berlis LLP, legal counsel for the NCCC, wrote to the Tribunal—copying counsel for the parties and interested parties—advising the NCCC filed (a) “a Notice of Motion for interested party status;” and (b) “the Affidavit of Chief Pauline Frost, affirmed November 20, 2025.” Mr. DeParde wrote:
We have also prepared draft written submissions, but have refrained from filing them pending further direction from this Tribunal under Rule 3(2) in relation to responding evidence, cross-examinations, and responding written submissions.
We understand the next case conference is scheduled for November 27, 2025. Subject to this Tribunal’s direction, we propose to attend on behalf of the NCCC to speak to the procedure and timetable for the NCCC’s motion for interested party status. If this would be acceptable to the Tribunal, we would be grateful to receive coordinates for the case conference.
A copy of the letter from Mr. DeParde to the Tribunal, dated November 21, 2025, is attached as Exhibit “A”.
5. On December 8, 2025, Judy Dubois, Senior Registry Officer sent an e-mail on behalf of the Tribunal to Mary Arulnesan, Legal Assistant, Aird & Berlis LLP. Ms. Dubois wrote:
The Tribunal acknowledges receipt of your email below with attachments on November 21, 2025.
Unfortunately, due to an oversight it was not sent to the Panel members until this morning, December 8, 2025.
The Panel chair will advise the parties of the motion and discuss a schedule for the parties’ submissions to respond to the motion. This will be done in case management at some time during the hearing period scheduled to take place from December 10-12, 2025. The Tribunal will advise the NCCC of the set schedule. The NCCC will have a right to reply to the parties’ submissions on the motion.
The e-mail from Ms. Dubois to Ms. Arulnesan, dated December 8, 2025, is included in an e-mail
chain among Ms. Dubois, Ms. Arulnesan, and others between November 21 and December 17,
2025. That e-mail chain is attached as Exhibit “B”.
6. On December 10, 2025, Mr. DeParde e-mailed counsel for the parties and the interested parties, enclosing a letter of the same date. Mr. DeParde wrote:
On Monday, December 15, 2025, we will write to the Tribunal further to Rule 3(2) to propose a procedure for the NCCC’s motion for interested party status, including the filing of any responding affidavits, cross-examinations, and the filing of written submissions.
To ensure our proposal reflects the requirements of this motion, we ask each party and interested party to advise whether it intends to
(1) consent, oppose, or take no position on the NCCC’s motion; (2) cross-examine Chief Frost on her affidavit; and (3) file responding evidence (along with anticipated timing for filing the same).
A copy of the letter from Mr. DeParde to Peter Mantas et al, dated December 10, 2025, is attached as Exhibit “C”.
IHT5
