Home /Media Room /News

News

2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999 | 1998 | 1997 | 1996 | 1995 | 1994 | 1993 | 1992

27/05/1997

The Indian Claims Commission Accepting Claims for Review, Mediation and Facilitation

Ottawa (May 27, 1997) - After a hectic year, the Indian Claims Commission (ICC) is once again accepting claims for review from First Nations. The Commission was established in July 1991 by First Nations and the Government of Canada as an independent body to accelerate the process of specific land claim settlements. The ICC focuses on disputes surrounding "specific claims", a term created by the Department of Indian Affairs which generally refers to claims based on issues related to Indian treaties, the Indian Act, Indian funds and the disposition of aboriginal lands.

It was a year of uncertainty and reflection at the ICC. Headlines were made in June of 1996 when the ICC Commissioners formally announced that they would cease to accept new claims as of September 1996 and recommended that the ICC be wound-down by March 31, 1997. It was a drastic step, triggered by very real concerns. The federal government was not responding to many of the recommendations in the ICC inquiry reports. There was very little work being done on claims policy review, and no work was being done on establishing a permanent Indian Claims Body that could take the place of the ICC. The ICC had been set-up as an interim Commission which would carry out its work while reforms were made in the larger area of claims policy.

Looking back, it is clear that the announcement to resign actually triggered some positive developments. A review of the Indian Claims Commission and the specific claims system was conducted by an independent agency. A report was issued, which recommended that real, constructive reform of the specific claims policy must take place. While discussions on reform were underway, the ICC could play a valuable role by continuing its work with an improved mandate. Those improvements include involving the ICC at an earlier stage in the claims process, making more effective use of the Commission's mediation and facilitation services, and making provisions for the ICC to establish a claims database - an electronic archive - which First Nations and Canada will use to research claims.

Canada and the Assembly of First Nations are negotiating the details of these new arrangements. The Indian Claims Commission is back in operation, and there will be some exciting changes in the coming months. It is expected that a new Chief Commissioner for the ICC will be appointed soon, and possibly one other Commissioner. With the ICC back in action, the AFN and Canada will be able to focus on reforming the claims process to make it more fair and equitable. The ICC will be available to assist the parties in any way they feel would be helpful.

Commissioners are confident they can continue to work effectively and efficiently in the year ahead. As part of the review of the ICC, a client-survey was conducted, and many First Nations had positive things to say about the ICC process. "It is encouraging to get positive reviews from the people who have actually worked with us to resolve claims," said Commission Co-Chair James Prentice. "Even with our limitations - in particular, the non-binding nature of our recommendations - the ICC's process has proven effective." In the Fishing Lake First Nation claim, for example, simply getting Canada and the First Nation together at the same table led to the claim being accepted for negotiation.

The ICC reports on the Kahkewistahaw Surrender and Kettle and Stony Point Surrender received a great deal of public attention, and demonstrated the value of bringing to light these historical injustices. Both cases clearly demonstrate why land claims matter in 1997, how they impact on modern day events and, in turn, why these claims need to be resolved. The Commission's reports can go a long way in laying out the issues clearly, stripped of any heated rhetoric, and providing directions which point to resolution.

"In many areas," said Prentice, "we feel we are breaking new ground and providing new models for claims resolution." The ICC, Canada and the Michipicoten First Nation are embarking on a pilot project which could point to a new model for resolving multiple claims disputes. The First Nation's and Canada's willingness to engage in this type of process is a positive sign.

As long as there is constructive dialogue and progress towards a permanent independent claims body and claims reform, the ICC will continue to accept claims for review. The ICC will continue to facilitate or mediate First Nation's claims with Canada when asked to do so.

Commission Co-Chair Dan Bellegarde stated: "The ICC is currently the only working, impartial, non-adversarial process available to review specific claims disputes in Canada. It is imperative that we be here for First Nations and Canada until the larger reforms are complete and a permanent body is in place to continue this work."

ICC Commissioners approach the coming year with guarded optimism and renewed vigour. If 1996 was a year of transition for the ICC, then there is hope that 1997 will be a year of progress, a year when the first bold steps are taken down the road to permanent, positive reform of the claims system.