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SECTION III - SUPPLEMENTARY INFORMATION

1. Financial Tables

Table 1: Commission's Links to the Government of Canada Outcomes


Fair resolution of Indian specific claims
  Expected
Results

Planned Spending

Alignment to Government of Canada Outcome Area
2008-09 2009-10 2010-11
Conduct inquiries and provide mediation services Ongoing 4,229 -- -- The Commission's strategic outcome contributes to all of the Government of Canada outcomes. In this regard, resolution of Indian specific claims often provides greater certainty over lands and resources, enhancing economic opportunities for First Nations, and contributing to strong economic growth. Resolution of Indian specific claims can result in improved relations between governments, First Nations and their neighbouring communities, fostering safer and more secure communities. Improved relations also support Canada's efforts to achieve a strong and mutually beneficial North American partnership.

2. Logic Model

To depict the relationships between the program inputs, results and outcomes, the following vertically aligned presentation displays the logic of the program design for the ISCC's strategic outcome of "Fair resolution of Indian specific claims." Accountability for the activities, results and outcomes resides with the Chief Commissioner.

Planned Outcomes

Intermediate:   The Commission will cease its activities by March 31, 2009.

Immediate:   Enhanced relationship between First Nations and Government. Inquiries, including reports, will be terminated by December 31, 2008. The Commission will cease to exist by March 31, 2009.

Results

Reports of inquiry and of mediation and other related reports; mediated or facilitated specific claims settlement agreements; improved public understanding of specific claims.

Activities

Inquiries: research and document; receive and exchange information; conduct inquiries; deliberate, prepare and issue reports.

Mediation: develop negotiation plans; facilitate meetings and communications; help define the issues; develop and propose innovative solutions to resolve the issues; and foster harmonious relationships between the parties.

Public information: issue reports; maintain website.

3. Claims Process and Stages of Inquiry

As directed by Order in Council P.C. 2007-1789, the Commission is no longer accepting new claims for inquiry and has ceased all its activities on inquiries not yet at the community session stage. Work has ceased on inquiries which had not reached the community session stage on November 27, 2007, when Bill C-30, the Specific Claims Tribunal Act, was tabled. First Nations have been notified of the cessation of the ISCC's inquiry.

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.

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.

A specific claim starts with a First Nation that has researched its 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 Department of Justice, assesses the merits of the claim to determine if the claim establishes an outstanding lawful obligation on the part of the government, as defined in the Specific Claims Policy. 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 settlement of the claim. 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.

There are five stages to the Commission's inquiry process:

  1. Initial Request for Inquiry - The Commission reviews the First Nation's request for an independent inquiry and, if it agrees to accept the specific claim for review and assessment, a panel of three Commissioners is formed to hear the inquiry. (Activity now ceased)
  2. Preparation for Inquiry - Briefing material is prepared and sent to all of the parties in advance to facilitate discussion. Counsel for both parties are asked to state the issues to be addressed by the inquiry, from which the Commission staff will attempt, in consultation with counsel for the parties, to generate a single list of issues. A planning conference is held among the parties and their counsel. In many instances, the need for further research is identified. If there is no consensus by the parties on a single list of issues, this matter is placed before the panel for decision. (Activity now ceased)
  3. Staff Visit and Community Session(s) - Commissioners and staff attend a session or series of sessions in the First Nation's community to hear directly from Elders and other knowledgeable members of the First Nation. In some instances, expert witnesses may be called upon to present evidence or testimony and are subject to cross examination by the other party. (Activity now ceased)
  4. Written and Oral Submissions - Both parties present submissions to the panel.
  5. Commissioners'Final Report- The panel of Commissioners consider the evidence, testimony and submissions presented to them and issue a final report that contains their findings and recommendation that the Minister of DIAND not reconsider the decision to deny the specific claim, or that the Minister of DIAND accept the specific claim for negotiation.

The Commission's terms of reference also permit it to 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.

4. Mediation/Facilitation Process

As directed by Order in Council P.C. 2007-1789, the Commission must cease all its activities, including those related to mediation, by March 31, 2009.

At the request of either Canada or the First Nation and with the consent of both, the Commission can provide or arrange for mediation assistance at any stage of the claims process. Depending on the nature of the claim, the Commission offers a broad range of alternative dispute resolution services tailored to suit the particular needs of the parties. The Indian Specific Claims Commission provides facilitative mediation services that are culturally sensitive, informal, non-threatening, and flexible. Together with the mediator, the parties decide how the mediation process will be conducted.

There are four steps in the Commission's mediation process:

  1. Preparation for Mediation - The Commission reviews the claim being negotiated and brings representatives of the negotiating parties together face-to-face to discuss the issues and terms of the negotiation and mediation protocol agreements.
  2. Negotiation Process - The Commission facilitates discussions on compensation, assists the parties by coordinating the gathering of information including land appraisals and joint loss of use studies, and monitors the parties'decisions and undertakings.
  3. Settlement - When and after the negotiating parties reach an agreement in principle, lawyers for the First Nation and Canada work together to draft a final settlement agreement which is initialled by the negotiators and ratified by both parties.
  4. Final Mediation Report - The Commission reports to the federal government, the First Nation and the public on its contribution to the outcome of the negotiation.

5. Contacts

Indian Specific Claims Commission

P.O. Box 1750, Station B

Ottawa, Ontario

K1P 1A2

Telephone: 613-943-2737

Facsimile: 613-943-0157

T.T.Y: 613-943-3772

Internet: http://www.indianclaims.ca

E-mail: feedback@indianclaims.ca