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SECTION I - OVERVIEW
1. Chief Commissioner's Message
It is my honour to present the Indian Specific Claims Commission's
(ISCC) Report on Plans and Priorities for 2008-2009.
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.
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 addressed 78 claims in inquiries and completed 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 has been 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 have enabled 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. The Commission has played a unique role in Canada, working between parties with opposing viewpoints. 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 are beyond reproach.
We at the Commission see our role as bridging different perspectives. 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.
Since 1994, the Commission has called upon the federal government to create an independent, permanent body to expedite the resolution of First Nation specific claims. We are pleased to note that there are changes on the horizon, with the tabling of Bill C-30, the Specific Claims Tribunal Act, in the House of Commons on November 27, 2007. The Act would see the creation of a Specific Claims Tribunal that would have decision making powers - a key ISCC recommendation for many years. As well, the Government has indicated its intent to set up a mediation body.
The ISCC's mandate was amended by Order in Council P.C. 2007-1789. As well as fixing a March 31, 2009, closing date for the ISCC, the Order in Council directed the Commission to cease work on inquiries which had not yet reached the community session phase of the ISCC inquiry process, and stop accepting new claims for inquiry. In addition, if a First Nation requests that the Commission cease its inquiry, it must do so immediately without issuing a final report. The Commission must complete and report on all the inquiries which have reached the community session phase by December 31, 2008, and cease all its activities, including those related to mediation, by March 31, 2009.
This then will be the Indian Specific Claims Commission's last Report on Plans and Priorities.
As the Commission's work wraps up, our focus over the next year will be on completing the inquiries and mediations still under way, and ensuring that the knowledge and experience acquired during our 17 years of operation are not lost. One of my priorities over the next year will be to attempt to secure new employment for the ISCC's personnel, who have worked diligently with Commissioners to bring fairness to the specific claims process. I would like to reassure First Nations and Government that the quality of our work will be maintained throughout this challenging period, and that we are determined to preserve the Commission's legacy by all means possible including careful archiving of records for future consultation by First Nations, Government, specific claim researchers and the general public.
The Commissioners and staff will continue to work diligently to complete our work within the time period allotted, effectively fulfilling the Commission's mandate. As always, our experience from 17 years of operation is available to First Nations and Government. We stand ready to assist in any way in the creation of a lasting solution to the delays and backlog in the specific claims process.
Renée Dupuis, C.M. Ad.E.
Chief Commissioner
2. Management Representation Statement
I submit for tabling in Parliament, the 2008-2009 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 2008-2009 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.
____________________________________________________________________
Diana Monnet
Executive Director
Indian Specific Claims Commission
3. Raison d'être
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.
4. Organizational Information
The ISCC is currently comprised of a part-time Chief Commissioner and four part-time Commissioners. The Commissioners are supported by Commission staff, headed by an Executive Director. The Management Committee includes the Executive Director, Commission Counsel, Director of Liaison, Director of Mediation, and Director of Corporate Services.
Voted and Statutory Items displayed in the Main Estimates
| Vote or |
Truncated Vote or Statutory Wording |
2008-09 |
2007-08 |
| 50 |
Program expenditures |
3,867 |
6,136 |
| (S) |
Contributions to employee benefit plans |
362 |
597 |
|
|
Total Commission |
4,229 |
6,733 |
The expenditure reduction of $2.5M from the Main Estimates was attributed given the anticipated conclusion of operations of the Commission on December 31, 2008.
Commission Planned Spending and Full-time Equivalents
|
Forecast Spending |
Planned Spending |
Planned Spending |
Planned Spending |
| Conduct inquiries and provide mediation services |
6,733 |
4,229 |
-- |
-- |
| Total Main Estimates |
6,733 |
4,229 |
-- |
-- |
| Adjustments: Supplementary Estimates |
|
|
|
|
| Operating budget carry forward |
252 |
-- |
-- |
-- |
| Treasury Board Vote 15 |
|
|
|
|
| Salary increases resulting from collective bargaining agreements |
67 |
-- |
-- |
-- |
| Treasury Board Vote 23 |
|
|
|
|
| Funding eligible paylist expenditures |
21 |
-- |
|
|
| Total Adjustments |
340 |
|
-- |
-- |
| Total Planned Spending |
7,073 |
4,229 |
-- |
-- |
| Plus: Cost of services received without charge |
613 |
165 |
-- |
-- |
| Total Commission Spending |
7,686 |
4,394 |
-- |
-- |
| Full-time Equivalents |
43 |
37 |
-- |
-- |
The ISCC does not operate any transfer payment grant and contribution programs. All of the ISCC's funds are used to meet its operating costs. Slightly more than three-quarters of the budget is used to meet the costs of salaries, benefits and professional and special services. The balance of the budget is used to meet the costs of transportation to hold inquiries and mediation in First Nation communities, financial and administrative services, accommodation, and office equipment and supplies. This spending is intended to support the work of the Commissioners and staff concerning the 10 inquiries which had reached the ISCC's community session phase when the Commission's mandate was amended in November 2007, and the 27 mediations currently before the ISCC.
5. Summary Information
Financial Resources
| ($ thousands) |
||
| 2008-09 |
2009-10 |
2010-11 |
| $4,229 |
-- |
-- |
Human Resources
| 2008-09 |
2009-10 |
2010-11 |
| 37 FTEs |
-- |
-- |
Departmental Priorities
| Name |
Type |
| 1. Conduct fair and impartial inquiries. |
Ongoing |
| 2. Provide mediation services at any stage of a claim. |
Ongoing |
Program Activities by Strategic Outcome
|
|
|
Planned Spending |
||
| ($ thousands) |
Expected Results |
2008-09 |
2009-10 |
2010-11 |
| Strategic Outcome: | Fair resolution of Indian specific claims | |||
| Conduct inquiries and provide mediation services |
Inquiries completed and mediation services provided to First Nations and Government |
4,229 |
---- |
-- |
6. RPP −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.
In November 2007, the Indian Claims Commission's mandate was amended by Order in Council P.C. 2007-1789. As a result, the Commission can no longer accept new claims for inquiry and must cease its activities on inquiries which have yet not reached the community session phase. In addition, if a First Nation requests that the Commission cease its inquiry, it must do so immediately without issuing a final inquiry report. By December 31, 2008, the Commission must complete and report on all the inquiries which had reached the community session phase by November 2007. All its activities, including those related to mediation, must cease by March 31, 2009.
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. Until the Indian Specific Claims Commission's mandate was amended by Order in Council P.C. 2007-1789 in November 2007, the First Nation had two options: it could seek a remedy from the appropriate court, or it could request the Commission to conduct an inquiry. This latter option is no longer available to a First Nation with a rejected specific claim since the ISCC can no longer accept new requests for inquiry.
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.
Currently the Commission is conducting 10 inquiries and supporting 27 mediation or facilitation cases, as well as meeting information requests from the public and First Nations. Following the tabling of Bill C-30, the Specific Claims Tribunal Act and amendments to the ISCC's mandate in November 2007, work on 24 claims which were within the ISCC's inquiry process ceased. The First Nations affected have been notified. With respect to the future workload, the Commission must complete all its inquiries, including the issuing of reports, by December 31, 2008, and cease all its activities, including those related to mediation, by March 31, 2009. In addition, a final annual report must be submitted by March 31, 2009.
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: conducts an inquiry; identifies the issues; hears and assess the evidence, testimony and submissions; deliberates; and prepares and issues a report of its findings and recommendations. Currently, there are 10 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 active 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.
Challenges
The Commission faces a number of key challenges as it winds down its operations. These include: maintaining the excellence of its operations; documenting the knowledge gained from experience to preserve valuable information and encouraging further research in the area; completing all its inquiry activities by December 2008, and all its mediation and facilitation activities by March 2009 within finite fiscal limits; and expanding the awareness of the public about Indian specific claims in general and the progress being made towards resolving them.