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18/06/2003
Acceptance of Mississaugas Claim Underlines Importance of ICC Role in Specific Claims Process
Ottawa (June 18, 2003) - The Indian Claims Commission (ICC) welcomed the federal government's decision to negotiate a major land claim that covers most of present-day Toronto rather than having the question settled through prolonged and costly court proceedings.
At the same time, the Commission issued its report on the claim by the Mississaugas of the New Credit First Nation. The ICC announced that, as a result of Canada's agreement to proceed with negotiations, the ICC had suspended its inquiry into the claim.
The claim relates to wrongdoing on the part of the Crown in conducting the Toronto Purchase of 1805, which covers most of the present city of Toronto and stretches from Lake Ontario north to Lake Simcoe. The First Nation submitted the claim, which had been rejected by Canada in 1993, to the ICC for inquiry in 1998.
ICC Commissioner Daniel Bellegarde, who served on the panel investigating the claim, said that the decision to proceed with negotiations is an illustration of the important contribution that the Commission makes to the specific claims process: "We are mandated to assist in any way we can with the resolution of specific claims. Our inquiry process, a major component of which is the planning conference, is designed to achieve a successful outcome."
Commissioner Bellegarde noted that the planning conference organized by the Commission provided the first opportunity for the parties to meet face-to-face. "We bring the parties to the table early on, in a climate that fosters open dialogue. As a result, in this case, the parties were willing to re-examine the facts and come to an agreement."
He added that the Commission has been invited by the parties to play a continuing role as facilitator in the negotiations: "Now with the negotiating phase set to begin, the ICC's mediation unit, which has helped First Nations and the federal government to reach timely settlements on a number of claims over the past four years, has been invited to play a continuing role in the resolution of this particular claim."
Commissioner Bellegarde observed that the decision to proceed to negotiation avoids the costly spectre of litigation. "This decision has effectively saved the Canadian taxpayer and the First Nation a great deal of money that would have been spent on fighting the claim in the courts," he concluded.
The ICC was established in 1991. Its mandate is: to inquire, at the request of a First Nation, into specific claims that have been rejected by the federal government or where the First Nation disputes the compensation criteria being considered in negotiations; and to provide mediation services on consent of the parties at any stage of the claims process.
