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19/07/2004

ICC Issues Report on Thunderchild Mediation

Ottawa (July 19, 2004)—The Indian Claims Commission (ICC) today issued its report on the mediation of a land claim by the Thunderchild First Nation dating back to 1908. The claim, which was pursued under the federal government’s specific claims process for almost eight years, was successfully resolved with the Commission’s help.

Chief Commissioner Renée Dupuis says the parties deserve all the credit for having reached a settlement but points out that the Commission’s mediation services contributed to the effort: “The Commission brings consistency and a ‘corporate memory’ to the table, both of which are critical where a process suffers high turnovers in negotiators, chief and council and legal counsel. It also provides the benefit of the ‘bigger picture’ in terms of similar negotiations held elsewhere. This ability to communicate elements that resulted in successful settlements of other claims can speed up resolution of a claim.”

In the report, the Chief Commissioner makes a number of observations and recommendations aimed at making the process easier for future claims negotiations. She notes the high turnover rates in negotiators and legal counsel, “an ongoing problem that continues to plague the process,” pointing out that Thunderchild First Nation representatives had to deal with four different federal negotiators and four different Justice Department lawyers over the course of the negotiations.

Madame Dupuis advises the parties to take their time at the start of the process to review the vast amount of work already done on similar past claims in order to determine what additional study needs to be done, rather than to conduct “unnecessary, overlapping, and expensive work.” This would shorten the negotiation process and save money for both the parties and Canadian taxpayers.

The Chief Commissioner also encourages negotiating parties to take advantage of the Commission’s experience in coordinating studies, a cost-effective service that can provide added value to the overall process.

The claim took over ten years to resolve, from the date it was accepted for negotiation by Canada in July 1993 until the settlement agreement was signed this past October. It alleged that the 1908 surrender of Indian Reserves (IR) 112A, 115 and 115A was null and void. At the request of the First Nation and with Canada’s agreement, the Commission agreed to facilitate the negotiations. Under terms of the settlement, the First Nation, located in Saskatchewan, will receive $53 million and costs to compensate its members for the loss of its original reserve and the cost of acquiring new land.

The Indian Claims Commission is a temporary, independent body established in 1991. Its mandate is twofold: to inquire, at the request of a First Nation, into specific land claims that have been rejected by the federal government; and to provide mediation services for claims in negotiation.

To download the report - PDF