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26/11/2002

ICC Urges MPs to Follow Basic Principles in Creating New Claims Body

Ottawa (November 26, 2002) - The Chief Commissioner of the Indian Claims Commission (ICC) today outlined some basic principles that should be followed in creating a new specific claims body and urged Members of Parliament reviewing Bill C-6 to measure the provisions of the bill against these principles.

"We believe that the Bill has both strengths and weaknesses," said Phil Fontaine, "We ask you to consider the principles we have outlined, to look at what it is the legislation is trying to achieve, and to try to find a balance between the two."

Mr. Fontaine was presenting the Commission's brief to the House of Commons Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources. The Committee is currently hearing submissions on C-6, proposed legislation to create a new, independent claims body that would replace the ICC.

The principles listed by Mr. Fontaine call for the new claims body to be independent; to have the authority to make binding decisions; to be a viable alternative to litigation; to allow First Nations to provide oral testimony of their history; to emphasize alternative dispute resolution; to ensure access to justice; to ensure access to information; and to ensure the primacy of the fiduciary relationship between First Nations and the federal Crown.

"Based on our eleven years of experience, the Commission believes that in dealing with First Nations specific claims these eight principles are the minimum standard that need to be met," concluded the Chief Commissioner.

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.