Appendix C1 - Benchmark Index by Function - Program/Service Delivery to Canadians

Executive Group Benchmark - Number: 10-B-1

POSITION TITLE: Assistant Deputy Minister, Claims and Indian Government

GENERAL ACCOUNTABILITY

Is accountable for the negotiation and settlement of comprehensive, specific and special claims, and self-government agreements in respect of Aboriginal rights and for the Department's position on litigation against the Crown or where the Crown is impugned, to enhance the government's capacity to meet its constitutional obligations to First Nations.

ORGANIZATION STRUCTURE

This is 1 of 15 positions at the first managerial level reporting to the Deputy Minister. The others are the Assistant Deputy Minister (ADM), Northern Affairs; the ADM, Lands and Trust Services; the ADM, Policy and Strategic Direction; the ADM, Corporate Services; and the Director, Departmental Secretariat. In addition, there are 9 Regional Directors General reporting to the Deputy Minister.

Specific functions of the positions reporting to the ADM, Claims and Indian Government, are as follows:

Director General, Comprehensive Claims, (staff of 45) is responsible for developing the comprehensive claims program and funding arrangements; and overseeing the claims process and tri-partite claims negotiations and resolution.

Director General, Self-Government Negotiations,(staff of 55) is responsible for the negotiation of self-government agreements across Canada to implement government policy regarding the inherent right of self-government; and ensuring that proper legislation, implementation plans and financial transfer agreements are put in place to ensure that Canada fulfills its obligations under the agreements.

Director General, Claims Implementation, (staff of 40) is responsible for the negotiation of implementation agreements; representing the Government of Canada on multi-stakeholder implementation committees created and mandated through land claim agreements and implementation plans; and directing the financial coordination, monitoring and reporting activities required for the implementation of claim settlement and related self-government agreements.

Director General, Specific Claims, (staff of 59) is responsible for the management of all specific claims activities, including the identification, study, development and implementation of new government policies and changes to existing policies.

Director, Research and Assessment, (staff of 6) is responsible for the development of broad frameworks, criteria and standards for the review, research and assessment of all claims; for extensive consultation across the sector for the identification of research needs and the development of strategies to anticipate and meet those needs; and for the management of extensively outsourced research services.

Director, Litigation Support, (staff of 5) is responsible for developing the Department's position on litigation where the Department is impugned and on all litigation that the Department brings against others; for developing strategic case management frameworks; for developing litigation policies and procedural frameworks; and for developing mediation and alternative dispute resolution policies and service delivery mechanisms.

NATURE AND SCOPE

The Department is responsible for two separate yet equally important mandates: meeting the federal government's constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Notherners; and supporting First Nations and Inuit in developing healthy, sustainable communities and in achieving their economic and social aspirations.

The ADM is accountable for leading federal efforts that will lead to ministerial direction to review and settle existing and potential claims of all kinds (comprehensive, specific, special claims and self-government agreements). In meeting this challenge, which is a government priority, the incumbent is called upon to lead the development and implementation of strategies, approaches and initiatives to settle outstanding Aboriginal claims through a fair and equitable process. The incumbent must lead the negotiation and settlement of claims, which represent 20% of the provincial land mass and are further complicated by Canada's vast geography and associated economic, cultural and political diversity.

The ADM ensures that a multitude of public and private interests are respected in the resolution of these claims, which can cover rights to land-based territory, offshore areas, land use, subsurface rights, environmental management, resource revenue-sharing, economic development and other areas defined during the preliminary negotiation phase. In developing and advancing the government's position with respect to comprehensive claims, the incumbent must take into account the broad scope, high visibility and significant impact that the claims have on Aboriginal and non-Aboriginal peoples alike. The incumbent must assess the impact of the government's position with respect to the comprehensive claims that cover half of Canada's landmass, include areas densely populated by non-Aboriginal peoples, and involve complex federal-provincial/territorial issues.

The Assistant Deputy Minister is accountable for ensuring results-oriented management of specific claims, which arise when the government has not fulfilled its obligations under treaties, the Indian Act or other agreements. In developing the government's position with respect to each specific claim, the incumbent oversees negotiations with each province-which provides the land-and the review and renewal of specific claims policy, in the context of the entire array of departmental and governmental policies governing the claims process.

In addition to the domestic impact, self-government agreements have significant international implications for Canada because Aboriginal groups have observer status on United Nations committees and are pursuing the recognition of rights through international law and other international processes.

As the government focal point for the resolution of both comprehensive and specific claims, the ADM faces a significant challenge in managing the intricacies of self-government negotiations in a modern federation and in ensuring harmony in the relations and efforts of the federal and Aboriginal governments. The incumbent develops partnership arrangements with the Department of Justice for the development and defence of the departmental legal position on policy and technical issues, or on litigation against the Crown, where the Department is impugned, and all litigation that it brings against others. The incumbent makes difficult and politically sensitive decisions to terminate unproductive negotiations.

The ADM manages a broad range of implementation activities. The incumbent must ensure that discrete implementation plans are negotiated and mirror the spirit and intent of the terms and conditions of negotiated agreements and that the Institutions of Public Government and other implementing bodies established to administer the resource co-management rights operate with probity and fulfill their obligations in terms of managing funds and delivering the program for which they were formed. The ADM develops an overall strategy; advises on contentious policy questions; represents the Department's positions to central agencies and other government departments, the provinces and territories, private sector interests, the Minister, Cabinet and parliamentary committees; and establishes a climate conducive to productive negotiations. In meeting this challenge, the incumbent is called upon to develop and implement strategies, approaches and initiatives to address public policy issues that have received more intense public, political and media attention against the backdrop of recent disputes and high-profile situations.

The ADM is given broad latitude by the Deputy Minister in decision-making, particularly in providing a response capacity for high-profile and frequently sensitive claims negotiation or litigation cases that are of concern to the Minister and could be a source of embarrassment to the government if not handled strategically. The incumbent provides expert, sound and immediate advice on complex and/or contentious issues relating to comprehensive and specific claims to the Minister, Deputy Minister and central agency executives.

As the spokesperson for the Minister and the government on claims and self-government issues, the ADM uses expert interpersonal skills to serve as an advocate, mediator and diplomat. At the political level, the incumbent appears before a number of parliamentary committees and at caucus meetings. He or she also is expected to promote and defend departmental strategies and priorities in the regions and with provincial and territorial governments, especially as regards devolution and cost-sharing issues. The incumbent is required to broker resolution to conflicting agendas and complex policy and program inconsistencies and to network with other government departments to resolve conflicts with respect to responsibility for First Nations, the use of renewable and non-renewable resources, co-management arrangements and fiduciary responsibility.

As the Department's most senior authority on comprehensive claims issues, the incumbent consults and confers extensively among the Department's Executive Group to provide authoritative advice and recommendations. In a collegial manner, represents and asserts the government's position on Aboriginal claims policy across all sectors. The incumbent plays a key role in policy decisions made by the Deputy Minister and Minister and, consequently, has substantial influence on the federal government's directions in relation to forging a new relationship with the Aboriginal peoples of Canada.

DIMENSIONS (Constant Dollars)

FTEs:	210
Operating budget:	$7.3 million
Claims contingency liability:	$1.2 billion

SPECIFIC ACCOUNTABILITIES

1. Promotes a productive climate for claims negotiation by coordinating departmental and other federal interests to advance the government's agenda for the resolution of comprehensive and specific claims made by Aboriginal peoples.
2. Leads the development of plans, policies, strategies, systems, budgets and criteria to facilitate the equitable and timely settlement of comprehensive, specific and special claims and self-government agreements.
3. Exercises leadership in establishing relationships of trust and integrity in the negotiation process by brokering agreements between federal, provincial/territorial Aboriginal groups and other stakeholders and by facilitating greater media and general public understanding of claims policies, processes and issues.
4. Oversees the effective implementation of negotiated agreements, monitoring of funding arrangements and financial transfers, and the establishment of Institutions of Public Government.
5. Represents the Department at conferences and in negotiations and consultations with Aboriginal groups, other levels of government, and other departments and interest groups.
6. Provides authoritative advisory services to the Departmental Executive Committee and to the Minister and Deputy Minister on claims and Aboriginal government issues and on the management of crisis situations and highly visible and politically sensitive issues.

EVALUATION RATIONALE

Assistant Deputy Minister, Claims and Indian Government

KNOW-HOW

G	Mastery of the variety, complexity, interrelationships and interdependencies of issues surrounding Aboriginal claims; and in-depth knowledge of the federal government's objectives, the broad constitutional and legal implications of political, social and economic developments across Canada as they relate to Aboriginal groups, and of the machinery of government processes related to claims settlement and self-government negotiations.
IV	Manages the Department's participation in litigation related to claims settlement and Indian self-government activities and provides federal leadership in guiding and harmonizing all related federal initiatives and activities.
3	Successful achievement of objectives requires the incumbent to ensure harmony in the relations between and efforts of the federal and Aboriginal governments and to broker agreements between federal, provincial/territorial and other stakeholders.
1056	The high number reflects the complexity and the horizontality of the issues managed and the leadership skill required to resolve contentious issues through fair and equitable processes.

PROBLEM SOLVING / THINKING

G	Thinking within broadly defined concepts and the politico-legal framework provided by the government's Agenda for the settlement of claims in the development of policy and program initiatives and the harmonization of federal and provincial strategies, policies and approaches.
4	Significant analytical, interpretative, evaluative and constructive thinking is required to manage the intricacies of claim settlement and self-government negotiations in a modern federation, and to ensure that legal and constitutional requirements are met in the relations between and efforts of the federal and Aboriginal governments.
(66) 700	High percentage reflects the uniqueness of the challenge of each claim and the requirement to embody constitutional and legal considerations in their settlement.

ACCOUNTABILITY / DECISION MAKING

G	Reporting to the Deputy Minister, operates with only general guidance in carrying out policy and program responsibilities. As the Department's most senior authority on comprehensive claim issues, shapes and represents the government's position on Aboriginal claims policy across all sectors.
6C	Contributory impact on the results of the negotiation process. The proxy selected is a contingency and settlements liability proxy of $1.2 billion (constant).
700	Low number is consistent with the position's government-wide harmonizing role in claims and self-government settlements and the size of the proxy selected.

SUMMARY

GIV3

1056

G4(66)

700

G6C

700

=

2456

0

ASSISTANT DEPUTY MINISTER
CLAIMS AND INDIAN GOVERNMENT
NUMBER: 10 - B - 1