2006-2007 Estimates, Report on Plans and Priorities

The information on this page is from Indian and Northern Affairs Canada, Canadian Polar Commission and Indian Specific Claims Commission; 2006-07 Estimates, Report on Plans and Priorities (RPP). The excerpts concerning the Indian Claims Commission are reproduced below, the figures are as at March 31, 2006.

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Indian Specific Claims Commission

Mandate and Strategic Outcome

The mission of the Indian Specific Claims Commission is to assist First Nations and Canada to resolve specific claims. The Commission operates at arm's length from government and First Nations. It is a commission of inquiry offering to a First Nation, at its request, an independent and objective process — other than litigation — to inquire into a specific claim when its claim has been rejected by the INAC Minister or when the First Nation disputes the compensation criteria the government proposes to use in negotiating the settlement of its claim. In addition, at any stage of the specific claims process, the Commission can provide mediation or facilitation services to assist the parties in reaching a satisfactory resolution when requested by both the First Nation and Canada.

Specific Claims and Comprehensive Claims Current federal policy divides claims into two categories: specific and comprehensive claims. Specific claims arise from Canada's breach or non-fulfilment of lawful obligations found in treaties, agreements or statutes (including the Indian Act). Comprehensive claims are based on unextinguished Aboriginal rights where no treaty has been signed. Other claims involving grievances that resemble comprehensive or specific claims, but do not meet established program criteria for addressing these claims may also be considered in exceptional circumstances. For more information, visit http://www.ainc-inac.gc.ca/ps/clm/scb_e.html

The Commission has one strategic outcome: fair resolution of specific claims.

Planning Context

In 1991, after the Oka crisis of 1990, the federal government created the Indian Specific Claims Commission pursuant to the Inquiries Act. This statute permits the Governor in Council to approve an Order in Council establishing an independent commission to conduct inquiries on matters associated with good government. The original Order in Council designated the Prime Minister as the minister responsible for purposes of the Financial Administration Act. Subsequently, in July 2004, the INAC Minister was designated the minister responsible for these purposes. It should be noted, however, that the Commission operates on an arm's-length basis, independent of government. It reports on its activities in an annual report to the Governor in Council as well as in INAC's Report on Plans and Priorities and Departmental Performance Report. The Commission has an agreement with the Canadian Human Rights Commission for the provision of corporate services.

The Commission also provides information to the public concerning its activities and results; issues special reports; and, from time to time, is called upon to conduct speaking engagements.

Operating Environment

The Commission operates at arm's length and is independent from government and First Nations. It operates as a commission of inquiry, not as a court. It is important to note that the Commission is not, therefore, bound by strict rules of evidence, limitation periods in which claims can be brought or other technical defences that might otherwise present obstacles to resolution of a First Nation's claim. This flexibility enhances the Commission's ability to conduct its inquiries in a fair and impartial manner and to expedite the process of making recommendations to the Minister regarding a First Nation's specific claim. This process fosters the development and implementation of innovative solutions that can resolve complex and contentious issues of policy and law related to specific claims.

When a First Nation has researched its specific claim and submitted it to the INAC Minister together with any supporting documentation, INAC's Specific Claims Branch performs its own research and, with the involvement of the federal Department of Justice, determines if the claim establishes an outstanding lawful obligation on the part of the government. If the federal government does not believe it has an outstanding lawful obligation, the First Nation's claim is denied and the INAC Minister informs the First Nation that it will not negotiate a settlement. The First Nation then has two options: it can seek a remedy from the appropriate court, or it can request the Commission to conduct an inquiry. An inquiry typically takes between two and five years to complete, depending on the number of parties involved and the complexity of issues considered.

The Commission's staff is working at full capacity within the resources provided. Currently, the Commission is conducting 40 inquiries and supporting 24 mediation or facilitation cases, as well as meeting information demands from the public and First Nations. With respect to the future workload, INAC's Specific Claims Branch reports 658 specific claims under review, 50 having received a legal opinion from the Department of Justice about lawful obligation. The branch estimates it will be receiving about 70 new specific claims annually. Given the size of the current caseload, the demand for the Commission's services is forecast to continue well into the foreseeable future.

Summary Information

Financial and Human Resources
Indian Specific Claims Commission

	2006–07	2007–08	2008–09
Financial Resources ($ millions)	6.8	–	–
Human Resources (FTEs)	49	–	–

Section II – Analysis of Program Activities by Strategic Outcome

Indian Specific Claims Commission

The Indian Specific Claims Commission has one strategic outcome: fair and impartial inquiries into specific claims.

At the request of a First Nation and in appropriate circumstances, the Indian Specific Claims Commission conducts fair and impartial inquiries when a First Nation disagrees with the Minister's denial of its specific claim or when a First Nation disputes the compensation criteria the government proposes to use in negotiating settlement of a specific claim. At the request of both parties involved in the specific claims process, the Commission will offer the services of professional and unbiased mediators or facilitators to help them reach a successful conclusion. The Commission also keeps the public informed about the Indian specific claims process and progress in resolving First Nations specific claims.

The resolution of specific claims in a manner that is perceived as fair and independent can bring closure for First Nations, provide greater certainty for both parties, and improve relationships between First Nations and the federal government.

Expected Results:

Inquiries conducted and concluded with a report of the findings and recommendations.

Performance Indicators:

• Number of inquiries in progress or concluded.
• Inquiries perceived as fair and impartial.

Financial and Human Resources by Strategic Outcome: Fair and Impartial Inquiries into Specific Claims

Section III – Supplementary Information
Financial Tables

($ millions)	Forecast Spending 2005-06	Forecast Spending 2006-07	Forecast Spending 2007-08	Forecast Spending 2008-09
Indian Specific Claims Commission	5.1	5.6	–	–
Budgetary Main Estimates (gross)	5.1	5.6	–	–
Total Main Estimates	5.1	5.6	–	–
Adjustments: Governor General's Special Warrants: Funding to continue the operations of the Commission	1.0	1.2	–	–
Operating Budget Carry Forward	0.3	–	–	–
Total Adjustments	1.3	1.2	–	–
Total Planned Spending	6.4	6.8	–	–
Plus: Cost of services received without charge	0.7	0.6	–	–
Net Cost of Program	7.1	7.4	–	–
Full-time Equivalents	46	49	–	–

Due to rounding, figures may not add to totals shown.

Due to rounding, figures may not add to totals shown.

Table 3: Voted and Statutory Items Listed in Main Estimates
Indian Specific Claims Commission

Vote or Statutory Item	($ millions)	Current Main Estimates	Previous Main Estimates
45	Program expenditures	5.0	–
(S)	Contributions to employee benefit plans	0.5	–
	Total Agency	5.6	–

Due to rounding, figures may not add to totals shown.

Table 4: Services Received without Charge
Indian Specific Claims Commission 

($ millions)	2006-2007
Accommodation provided by Public Works and Government Services Canada (PWGSC)	0.4
Contributions covering employer's share of employees' insurance premiums and expenditures paid by Treasury Board of Canada Secretariat (excluding revolving funds)	0.2
Workers' Compensation coverage provided by Human Resources and Skills Development Canada	–
Salary and associated expenditures of legal services by the Department of Justice Canada	–
Total 2006–07 Services Received without Charge	0.6

Due to rounding, figures may not add to totals shown.

Table 5: Summary of Capital Spending by Program Activity
Indian Specific Claims Commission 

($ millions)	Forecast Spending 2005–06	Planned Spending 2006–07	Planned Spending 2007–08	Planned Spending 2008–09
N/A	–	–	–	–

Table 6: Loans, Investments and Advances (Non-Budgetary)
Indian Specific Claims Commission 

Table 7: Source of Non-Respendable Revenue
Indian Specific Claims Commission