ARCHIVED - RPP 2007-2008
Indian Specific Claims Commission

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Section I – Overview

Chief Commissioner’s Message

It is my honour to present the Indian Specific Claims Commission’s (ISCC) first stand-alone Report on Plans and Priorities.

The ISCC operates according to the following four principles: 1. Independence and Impartiality; 2. Equity and Natural Justice; 3. Openness and Transparency; and 4. Importance of Oral History. These principles guide us in developing and sustaining our relationships, as well as conducting our activities.

In the fall of 2006, the ISCC celebrated its fifteenth anniversary operating as a Commission of Inquiry. Since its inception in 1991, the Commission has gained credibility as an independent, neutral body that conducts inquiries into specific claims disputes between First Nations and the Government of Canada, as well as providing mediation services at any stage of the claims process to foster achievement of positive outcomes. Since that time, we have completed 69 inquiries and 11 mediations.

The Commission’s mandate – to conduct inquiries and to provide mediation/facilitation services – is fulfilled by a part-time Chief Commissioner and part-time Commissioners, with the support of staff. Our work is carried out in the ISCC’s offices and in the field during staff visits, community sessions, oral hearings and mediation sessions anywhere in Canada. The ISCC’s inquiry and mediation processes enable Canada and First Nations to take a fresh look at claims, and those processes offer innovative solutions to the parties in their efforts to resolve complex and contentious issues of policy and law.

In fulfilment of its mandate, the ISCC has developed a sound reputation for conducting its inquiries and providing mediation services in a balanced and neutral manner that favours neither party in the process. As Chief Commissioner, I actively support approaches to the issues and concerns of the parties that foster the greatest degree of impartiality and independence so that the credibility and acceptance of our work and findings is beyond reproach.

We at the Commission see our role as bridging different perspectives. The ISCC plays a unique role in Canada as we work between parties with opposing viewpoints during inquiries and with parties having different perspectives during mediations. Despite all of our best efforts, different perspectives will continue to characterize the specific claims process in Canada for some time. This concept of bridging will remain critical if we are to make collective progress in the specific claims area.

The Commissioners and staff look forward to making a positive contribution to the Indian specific claims process and we will continue to work diligently within our mandate and resources in order to remain effective.

Renée Dupuis, C.M.
Chief Commissioner

Management Representation Statement

I submit for tabling in Parliament, the 2007-2008 Report on Plans and Priorities (RPP) for the Indian Specific Claims Commission.

This document has been prepared based on the reporting principles contained in Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the TBS guidance;
• It is based on the Commission’s strategic outcome and Program Activity Architecture that was approved by the Treasury Board;
• It presents consistent, comprehensive, balanced and reliable information;
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved planned spending numbers from the Treasury Board Secretariat.

Alan Winberg
Executive Director
Indian Specific Claims Commission

Program Activity Architecture (PAA) Crosswalk

In June 2006 the ISCC sought and received Treasury Board approval of its Program Activity Architecture submission. While the ISCC’s strategic outcome of “Fair resolution of Indian specific claims” remains the same as last year, the wording of the program activity has been changed from “Indian Specific Claims Commission” to “conduct inquiries and provide mediation services” in order to provide a better description of what we do.

2007-2008
($ thousands)	Conduct Inquiries and Provide Mediation Services	Total
Indian Specific Claims Commission	$6,800.0	$6,800.0

Summary Information

Reason for Existence

The mission of the Indian Specific Claims Commission is to assist First Nations and Canada to resolve specific claims in the context of the Specific Claims Policy. The Commission operates at arms-length of the government and First Nations. It is a commission of inquiry offering to a First Nation, at its request, an independent and neutral process – other than litigation – to inquire into specific claims that have been examined and rejected by the Minister of DIAND or when the First Nation disputes the compensation criteria the government proposes to use in negotiating the settlement of its claim. At any stage of the specific claims process, the Commission can provide for mediation or facilitation services to assist the parties in reaching a satisfactory resolution when requested by both the First Nation and Canada. The Commission may also prepare reports from time to time that the Commissioners consider are required in respect of the Commission’s activities and the activities of the Government of Canada and the Indian band(s) relating to specific claims.

Depending on the exact nature of the Indian specific claim, the fair resolution of the claim can provide a range of benefits including:

• better legal risk management;
• enhanced safety and security of people and property;
• closure for the First Nation of their historic grievance;
• greater certainty over lands and resources;
• enhanced socio-economic opportunities for First Nations and their neighbours;
• improved relationships between First Nations, governments and communities;
• enhanced international respect for Canada’s treatment of its Aboriginal peoples;
• improved knowledge and understanding by the public of historical claims.

Financial Resources

($ thousands)
2007-2008	2008-2009	2009-2010
$6,800.0	--	--

Human Resources

2007-2008	2008-2009	2009-2010
49 FTEs	--	--

Departmental Priorities

Name	Type
1. Conduct fair and impartial inquiries.	Ongoing
2. Provide mediation services at any stage of a claim.	Ongoing

Departmental Plans and Priorities

Background

In 1991, following 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 that establishes independent commissions to conduct inquiries on matters associated with good government. The Order in Council for the establishment of the Indian Specific Claims Commission (the Commission) designated the Prime Minister as the appropriate Minister for purposes of the Financial Administration Act.

In July 2004, the Governor in Council approved an Order in Council designating the Minister of Indian Affairs and Northern Development (DIAND) as the appropriate Minister for purposes of the Financial Administration Act. It should be noted, however, that the Commission continues to operate at an arms-length basis, independent of government, while reporting on its activities in an annual report to the Governor in Council, as well as to Parliament and in its Report on Plans and Priorities and the Commission’s Performance Report. 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.

To maintain its arms-length relationship from the Minister of DIAND, the Commission has entered into an agreement with the Canadian Human Rights Commission for the provision of corporate services.

Operating Environment

The Commission operates at arms-length and is independent from government. It is a commission of inquiry offering to First Nations a process, other than litigation, to inquire into specific claims that have been examined and rejected by the Minister of DIAND, or when the First Nation disputes the compensation criteria established by the Minister for that particular claim.

When a First Nation has researched its specific claim and submitted it to the Minister of DIAND together with any supporting documentation, DIAND’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 Minister of DIAND 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.

In this regard, it is important to note that the Commission does not operate as a court and is not, therefore, bound by the strict rules of evidence, the limitation periods in which claims can be brought nor other technical defences that might present obstacles to resolving the First Nation’s claim against the Crown. This flexibility enhances the Commission’s ability to conduct its inquiries in a fair and impartial manner in order to expedite the process of making recommendations to the Minister of DIAND regarding a First Nation’s specific claim, or objection to the compensation criteria. This process fosters the development and implementation of innovative solutions that can resolve complex and contentious issues of policy and law related to Indian specific claims.

The Commission’s staff is working at full capacity within the resources provided. Currently the Commission is conducting 37 inquiries and supporting 27 mediation or facilitation cases, as well as meeting information demands from the public and First Nations. With respect to the future workload, DIAND’s Specific Claims Branch reports specific claims under review are continually increasing with the backlog reaching increasingly higher levels. Given the size of the current caseload, the demand for the Commission’s services is forecast to continue well into the foreseeable future.

Plans and Priorities

The ISCC has one strategic outcome: Fair resolution of Indian specific claims.

The first priority of conducting fair and impartial inquiries supports this strategic outcome by providing First Nations with a neutral and objective mechanism for reviewing the decision of the Minister of DIAND rejecting their claim, or the compensation criteria being proposed to resolve the claim.

At the request of a First Nation when their specific claim has been denied by the Minister of DIAND or the First Nation disputes the compensation criteria the government proposes to use in negotiating settlement of the claim, the Commission will: conduct an inquiry; identify the issues; hear and assess the evidence, testimony and submissions; deliberate; and prepare and issue a report of its findings and recommendations. Currently, there are 37 claims within the ISCC’s inquiry process.

The second priority of providing mediation services at any stage of the claim process supports the Commission’s strategic outcome by providing the First Nation and Canada, at the request of either party and on consent of both parties, with mediation services that help the parties to reach agreement on issues and possible solutions. Currently, there are 27 mediation cases.

Together with the mediator or facilitator, the parties decide how the negotiation process will be conducted. This approach ensures that the unique circumstances of each particular negotiation reflect the views of both parties. Mediation or facilitation services can be provided at any stage of the specific claims process.

The Specific Claims Resolution Act received Royal Assent in November 2003; however, it has not been brought into force. A dialogue for the purpose of finding an alternative resolution body and process for addressing Indian specific claims that is acceptable to all the parties continues. A report concerning specific claims issues was published in December 2006, by the Standing Senate Committee on Aboriginal Peoples. This report can be found on the Committee’s website at: http://www.parl.gc.ca/39/1/parlbus/commbus/senate/com-e/abor-e/rep-e/rep05dec06pdf-e.htm

Challenges

The Commission faces a number of key challenges which include: maintaining the excellence of its operations while First Nations and the federal government continue the dialogue exploring alternative approaches for resolving Indian specific claims; documenting the knowledge gained from experiences to build upon and preserve valuable information and important lessons learned; meeting the increasing demand for its inquiry, mediation and facilitation services within finite fiscal resources; and expanding the awareness of the public about Indian specific claims in general and the progress being made towards resolving them.

 

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