ARCHIVED - Indian Specific Claims Commission

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SECTION III: SUPPLEMENTARY INFORMATION

1. Departmental Link to Government of Canada Outcome Areas

Within the Government-as-a-Whole Framework, the ISCC is classified within the Spending Area of Social Affairs.  The ISCC’s strategic outcome is linked to the Government of Canada (GoC) Outcome Area entitled: “A diverse society that promotes linguistic duality and social inclusion”.  There are eleven federal organizations, including the ISCC, that contribute to this GoC outcome area through their respective strategic outcomes and program activities.  For additional information, please go to the Whole-of-Government Planning and Performance website at:

http://www.tbs-sct.gc.ca/ppg-cpr/home-accueil-eng.aspx

This website provides links to these 11 Departments and Agencies DPRs.

Strategic Outcome: Fair Resolution of Indian Specific Claims

Program Activity	Actual Spending 2007-08 ($-dollars)			Alignment to Government of Canada Outcome Area
	Budgetary	Non-budgetary	Total
Conduct Inquiries and provide Mediation Services	6,106,340	—	6,106,340	A diverse society that promotes linguistic duality and social inclusion

2. Financial Information Tables

Table 1: Comparison of Planned to Actual Spending (including FTEs)

($ - dollars)

			2007-2008
	2005-06 Actual	2006-07 Actual	Main Estimates	Planned Revenue	Total Authorities	Actual
Conduct Inquiries and provide Mediation Services	6,876,146	6,533,756	6,733,000	6,800,000	7,021,817	6,106,340
Total	6,876,146	6,533,756	6,733,000	6,800,000	7,021,817	6,106,340
Less: Non-Respendable Revenue	---	---	N.A.	---	N.A.	---
Plus: Cost of Services Received Without Charge	693,000	678,000	N.A.	667,000	N.A.	606,400
Net Cost of Program	7,569,146	7,211,756	N.A.	7,467,000	N.A.	6,712,740
Full-Time Equivalents	46	45	N.A.	49	N.A.	47

Table 2: Voted and Statutory Items

		2007–2008 ($ - dollars)
Vote or Statutory Item	Truncated Vote or Statutory Wording	Main Estimates	Planned Spending	Total Authorities	Actual
50	Program expenditures	6,136,000	6,203,000	6,476,313	5,560,836
(S)	Contributions to employee benefit plans	597,000	597,000	545,493	545,493
(S)	Spending of proceeds from the disposal of surplus Crown assets	---	---	11	11
Total		6,733,000	6,800,000	7,021,817	6,106,340

Table 3: Loans, Investments, and Advances (Non-budgetary)

Not applicable - The Commission does not provide any loans nor does it make investments or advances to outside parties.

Table 4: Sources of Re-spendable and Non-Re-spendable Revenue

Not applicable - The Commission does not operate any programs or services that produce revenues.

Table 5: Revolving Funds

Not applicable - The Commission does not have a Revolving Fund.

Table 6: User Fees/External Fees

Not applicable - The Commission does not provide any goods or services that require the collection of fees.

Table 7: Details on Project Spending

Not applicable - The Commission did not have any project spending in 2007-2008.

Table 8: Status Report on Major Crown Projects

Not applicable - The Commission did not have any project spending in 2007-2008.

Table 9: Details on Transfer Payment Programs (TPPs)

Not applicable - The Commission does not have any transfer payment program authority.

Table 10: Foundations (Conditional Grants)

Not applicable - The Commission does not have any transfer payment program authority.

Table 11: Horizontal Initiatives

Not applicable – The Commission is an independent organization that operates at arms-length from government.

Table 12: Sustainable Development Strategy

Not applicable - The Commission was established as a Commission of Inquiry in 1991 by Order in Council.  In fulfilling its mandate, the Commission does not operate and/or provide projects, programs, and services that might directly impact the goals and objectives of the government’s Sustainable Development Strategy. 

Table 13: Response to Parliamentary Committees and External Audits

Not applicable - There were no Parliamentary Committee Reports or External Audits directed specifically to the Indian Specific Claims Commission.

Table 14: Internal Audits and Evaluations

There were no internal audits or evaluation of the Indian Specific Claims Commission in 2007-2008.

Table 15: Travel Policies

Comparison to the Treasury Board of Canada Secretariat Special Travel Authorities

Not applicable – The Indian Specific Claims Commission follows the rates and allowances outlined in the Treasury Board Travel Directive.

3.  Claims Process and Stages of 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.  In this instance, apart from accepting the decision of the Minister, the First Nation has two options that it can pursue; it can seek a remedy from the appropriate court, or it can request the Commission to conduct an 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.
2. Preparation for Inquiry – Briefing material is prepared and sent to all of the parties in advance to facilitate discussion. Counsel for both parties is 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.
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.
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.

These five stages typically take between two to five years to complete depending on the number and complexity of the issues being considered and on the parties involved.

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

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 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 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: www.indianclaims.ca

E-mail: feedback@indianclaims.ca

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