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30/01/1998

Indian Claims Commission Releases Annual Report: Commissioners Encouraged by Signs of a New Beginning, New Approach to Land Claims

Ottawa (January 30, 1998) - The Indian Claims Commission (ICC or the Commission) today released its Annual Report for fiscal year 1996/97. In it, Commissioners again recommend the need for a permanent independent body to review and mediate specific claims, one empowered with the authority to make binding decisions. The need for this reform has been the Commission's key recommendation since its inception in 1991.

"An independent claims body with appropriate powers could review, mediate and resolve claims objectively and with a degree of finality. This is the next logical step in developing a progressive and just approach to dealing with First Nations' claims," said ICC Co-Chair Dan Bellegarde. "We are ready to facilitate the transition from our organization to a new one in any way that would be helpful to First Nations and Canada. We have assembled a great deal of knowledge and experience over the years that can be used to develop a new body and a new policy framework for resolving claims."

Commissioners say they are encouraged by the renewed commitment of Canada and the Assembly of First Nations to work together on reforming the current Specific Claims Policy and process. In February, 1997, Canada and the AFN resumed joint talks on policy reform and the creation of a permanent claims body, acknowledging that the ICC's experience and insight would be valuable in these discussions.

"We started 1996 concerned that there was no movement to create a permanent body to replace our interim Commission," said ICC Co-Chair James Prentice. "This was coupled with the fact that the Government was not responding to our reports. It was frustrating, and we made our concerns known to Government. The results were productive. Canada committed itself to respond to the ICC's reports in a timely manner and as a priority. As well, our discussions with the Government and the AFN seem to indicate that an independent, permanent claims body will be a reality." The Minister of Indian and Northern Affairs recently reaffirmed the Department's commitment to this goal in its response to the Report of the Royal Commission on Aboriginal Peoples.

The hopeful sentiment expressed in the 1996/97 Annual Report was heightened when the Minister of Indian Affairs and Northern Development announced on December 19, 1997 that the Department would accept two previously rejected Saskatchewan land claims based on the strength of reports by the ICC. The Department was in full agreement with the ICC's analysis and recommendations on the claims of the Moosomin First Nation and the Kahkewistahaw First Nation. Not only were the claims accepted as valid - the Department accepted the ICC's interpretation of the Specific Claims Policy. This could potentially broaden the definition of what constitutes a valid claim.

"This is the first time in the six year history of the Commission that the Minister has acknowledged that the Crown breached its lawful obligations toward the First Nations," said Co-Chair James Prentice. "Accepting these claims as valid based on our interpretation of the Policy essentially means that Indian Affairs and their legal advisors have reconsidered their legal position. This is a significant step forward in the new relationship between the Crown and First Nations. We hope the good faith demonstrated in these cases will become the hallmark of a renewed relationship."

Co-Chair Dan Bellegarde notes that Canada's reasons for accepting these claims are in harmony with the first recommendation in this year's Annual Report. "We are recommending that the Specific Claims Policy be amended so that claims based on a breach of Canada's fiduciary, or protective, duty to First Nations are valid claims and fall within the Policy. That was the basis upon which Canada accepted the claims of the Kahkewistahaw and Moosomin First Nations. This may indicate an emerging consensus on how to make the Policy more fair and progressive."

The ICC 1996/97 Annual Report contains a total of five recommendations. The first, as stated above, is that the Specific Claims Policy be amended so that claims based on a breach of fiduciary duty be accepted as lawful obligations under the Policy. The second recommendation calls for the creation of a permanent, independent body with binding authority to resolve First Nations' claims. The third is that alternatives to monetary compensation be explored in claims settlements when agreed to by all parties. Fourth, the Commission recommends increasing the resources devoted to specific claims resolution. Finally, the Commission recommends the removal of the Specific Claims Policy directive which states that specific claims must be at least fifteen years old before being reviewed by the Department of Indian Affairs. All of the recommendations flow from the Commission's intensive experience in the area of land claims over the past six years.

As of March 31, 1997, the Commission had released 28 reports on specific claims, 9 claims were in the ICC's mediation process, and 12 claims had been settled or accepted for negotiation. Over the past fiscal year, the Commission released 9 reports on specific claims rejected by the federal government.

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.

More information on the Kahkewistahaw First Nation and Moosomin First Nation claims can be obtained through the ICC office.

To download the report PDF