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18/04/2002

Commission Issues Mediation Report on Fishing Lake Claim

Ottawa (April 18, 2002) - The Indian Claims Commission (ICC) today issued a mediation report on the successful negotiation of the Fishing Lake First Nation's 1907 Surrender claim that illustrates the importance of the Commission's role as a mediator. The Commission's mandate is twofold: (1) to conduct inquiries into specific claims that have been rejected by Canada, and (2) to provide mediation services for claims in negotiation.

"The Fishing Lake claim - outstanding for more than 90 years, pursued actively under the federal government's specific claims process for seven years and rejected twice - was successfully resolved with the assistance of the Indian Claims Commission," said Chief Commissioner, Phil Fontaine, in making the report public. "This report is primarily intended to summarize the events leading up to the settlement of the claim and to illustrate the role of the Commission in the resolution process."

Mr. Fontaine noted that the outcome of the Fishing Lake negotiations shows the Commission's key role in advancing the settlement of claims. He explained that the Commission produced movement in a process that had taken more than seven years; it was this progress that spurred the First Nation to ask the Commission to maintain an ongoing role in the negotiations.

"The added value we can provide to both parties is critical in a process that continues to be plagued by the inability of the parties to maintain consistency in negotiations, an inability caused in part by high turnover rates in negotiators and legal counsel," said Mr. Fontaine. "As such, the Commission's mediation service not only helps the parties keep focus and momentum in the negotiations, but it can also serve as an essential 'corporate memory' at the table."

The report points out that "the Commission's inquiry process allowed for the exchange of documents and provided a forum for full and open discussion." It afforded Fishing Lake First Nation "the opportunity to submit new evidence and arguments, which ultimately caused Canada to reconsider the claim and accept it for negotiation" in August 1996, on the basis that the reserve lands were not surrendered in accordance with the Indian Act. Following Canada's acceptance, both parties agreed to have the Commission act as facilitator in the ensuing negotiations.

The Commission's report, Fishing Lake First Nation 1907 Surrender Inquiry, was issued in March 1997 and is available upon request or on ICC's web site, as is a copy of this news release and the mediation report released today.

To download the report PDF