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12/12/1996

Indian Claims Commission Releases Annual Report: Recommends Creating Permanent, Independent Body to Resolve Land Claims

Ottawa (Dec. 12, 1996) - The Indian Claims Commission (ICC) today released its Annual Report for the fiscal year 1995/96. Echoing last year's report, Commissioners emphasized the need for a truly independent body to deal with land claims issues. The primary recommendation of the report is that "Canada and First Nations work together to create an Independent Claims Body (ICB) with sufficient powers and authority to resolve disputes between them in a fair, just and cost-effective manner." An ICB, properly empowered, could break impasses in negotiations and, when necessary, set forth recommendations that are binding on the government and First Nations. Presently, the Commission's reports and recommendations are non-binding.

The ICC's recommendation for a neutral third-party with more "teeth" to resolve disputes is based on first hand experience. Even with its limited mandate the ICC was able to provide valuable assistance to the parties in the settlement of land claims. Since its inception in 1991, thirteen specific claims have been accepted by Canada for negotiation or settled outright with the involvement of the Commission. Even greater results could be obtained if the ICC was given an expanded role in the area of mediation and the authority to adjudicate claims when all other avenues have been exhausted. The need for an ICB has been well documented by experts, academics and the government itself for many years.

"Reform of the current policy is long overdue," said ICC Co-Chair Dan Bellegarde. "Canada cannot continue to hold the position of judge and jury when it is also the defendant. The status quo simply does not work because of this power imbalance in the process and the absence of a viable alternative to the courts. The creation of a body which can provide the full range of dispute resolution mechanisms will foster a positive environment that is balanced and non-adversarial. Both First Nations and Canada prefer to resolve disputes through negotiation. A neutral body could monitor discussions, provide mediation, and make binding decisions if the parties are at an impasse."

"The proposed evolution of the ICC into a more effective institution is the next logical step in the development of a progressive, fair and just specific claims claims policy in Canada," said Co-Chair Jim Prentice. "We have assembled a great deal of knowledge and experience over the years that can be used to develop an ICB and a new policy framework for the resolution of claims. We are ready to facilitate this transition in any way that would be helpful to First Nations and Canada."

There are two other recommendations to the federal government, both of which have been recommended in previous Annual Reports. First, there has to be a timely response to Commission reports on inquiries into specific claims to demonstrate the government's commitment to act on the work of the ICC. Finally, it is necessary for the government to utilize the Commission's mediation services. Mediated settlements are less time-consuming and less costly than full inquiries, and provide a more open forum for exchange between the parties.

As of March 31, 1996, the Commission had completed 18 Inquiries into specific claims and, over the past fiscal year, released 10 reports on specific claims rejected by the federal government. It also released a report on the successful mediation of a treaty land entitlement claim which demonstrated the importance of mediation and alternative dispute resolution in the settlement of specific claims.

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