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11/06/2003

Annual Report Outlines Principles Necessary to Creation of New Claims Body

Ottawa (November 6, 2003) - The Indian Claims Commission's (ICC) Annual Report for the year 2002-2003, tabled in the House of Commons today, recommends that the government of Canada apply eight principles to the creation of the Canadian Centre for the Independent Resolution of First Nations Specific Claims. The new Centre, which would replace the Indian Claims Commission, is proposed in bill C-6, which was passed by Parliament on November 4, 2003.

The report calls for the new Centre to be independent; have the authority to make binding decisions; constitute a viable alternative to litigation; uphold the right of First Nations claimants to provide oral testimony of their history; provide alternative dispute resolution mechanisms; ensure access to justice; ensure access to information; and ensure the primacy of the fiduciary relationship between First Nations and the federal Crown.

The report notes that the Commission has continued to exercise its mandate since the tabling of the legislation (as Bill C-60) in June 2002 and states that, as of March 2003, the ICC had completed 57 inquiries, 26 of which had either been settled or accepted for negotiation. It points to the $94.6-million settlement of the Kahkewistahaw First Nation's land claim, in which the Commission played a role as facilitator and mediator, as one of the highlights of its work.

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.

To download the report PDF