ARCHIVED - Indian Specific Claims Commission

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SECTION I: OVERVIEW

1. Chief Commissioner’s Message

It is my honour to present the Indian Specific Claims Commission’s first stand-alone Departmental Performance Report covering fiscal year 2007-2008. 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.

The Commission was established by Order in Council in 1991 as a Commission of Inquiry.  The Commission’s mandate is to conduct 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.

In fulfilment of its mandate, the Commission 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.  Since its inception in 1991, the Commission has held 81 inquiries involving 92 claims, and issued 70 inquiry reports. It has also provided mediation/facilitation services to 53 specific claims negotiation tables and issued 12 mediation reports.

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 points of view. However, 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 Government to create an independent, permanent body with binding authority to expedite the resolution of First Nation specific claims. With the Specific Claims Tribunal Act, there are changes underway. This Tribunal will 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, another decision that the ISCC supports given its own positive experience with mediation. We stand ready to assist in any way we can with the creation of a lasting solution to reduce delay and address the backlog of cases in the specific claims process.

In parallel to the tabling of Bill C-30 in November 2007, the ISCC's own mandate was amended this last year 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 and stop accepting new claims for inquiry.  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 remaining inquiries by December 31, 2008, and cease all its activities, including those related to mediation, by March 31, 2009.

As the Commission's work wraps up, our focus is on completing the inquiries and mediation files still under way, and ensuring that the knowledge and experience acquired during our 17 years of operation are not lost.

One of the Commission’s priorities over the next year will be to help secure new employment for ISCC personnel, who have worked diligently with Commissioners.

The Commission would like to reassure First Nations and Government that the quality of our work will be maintained throughout this challenging period.

Commissioners and staff will continue to work diligently to complete our work within the time allotted, effectively fulfilling the Commission's mandate.  We will offer the benefit of our experience over the years to the new tribunal and to the new mediation services organization, once both are formally created.

 

___________________________

Renée Dupuis, C.M., Ad.E.
Chief Commissioner

 

2. Management Representation Statement

3.  Program Activity Architecture (PAA)

In June 2006 the ISCC sought and received Treasury Board approval of its Program Activity Architecture submission. The ISCC operates with strategic outcome:  “Fair resolution of Indian Specific Claims”.  The description of the program activity was changed from - “Indian Specific Claims Commission” - to - “Conduct Inquiries and Provide Mediation Services” in order to provide a more informative description of the Commission’s mandate.

Strategic Outcome	Program Activity
Fair Resolution of Indian Specific Claims	Conduct Inquiries and
	Provide Mediation Services

4. Summary Information

4.1 Rationale for Department’s 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 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 one or more of the following:

• 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.

4.2 Financial Resources
2007–08 ($ - dollars)

Planned Spending	Total Authorities	Actual Spending
6,800,000	7,021,817	6,106,340

4.3 Human Resources
2007-08 – (FTEs)

Planned	Actual	Difference
49	47	2

4.4 Departmental Priorities 

Priority Description	Type	Performance Status
1.  Conduct fair and impartial inquiries.	Ongoing	5 Inquiry reports completed and 8 Inquiry Reports were released.
2.  Provide mediation services at any stage of a claim.	Ongoing	6 mediations were completed for specific claims under negotiation.
3.  Maintain the excellence of ISCC operations while First Nations and Canada continue to discuss alternative approaches for resolving Indian specific claims.	Ongoing	Canada and First Nation leadership have reached an understanding respecting the future approach for accelerating the review and resolution of specific claims in a fair and impartial manner, including the establishment of the Specific Claims Tribunal.

4.5 Program Activities by Strategic Outcome

Strategic Outcome: Fair Resolution of Indian Specific Claims

Program Activity Description	Expected Results	Performance Status	2007-2008 ($-dollars)		Contributes to the following priority
			Planned Spending	Actual Spending
Conduct Inquiries and provide Mediation Services	Inquiry Reports	Successfully met	6,800,000	6,106,340	1 and 3
	Mediation sessions	Successfully met			2 and 3

4.6 Departmental Performance

Since its inception in 1991, the Commission has held 81 inquiries involving 92 claims, and issued 70 inquiry reports. It has also provided mediation/facilitation services to 53 specific claims negotiation tables and issued 12 mediation reports.

Of the 81 inquiries that the ISCC has completed a report on since 1991, 50 were recommended to the Minister of DIAND for negotiation or further research and/or review.  Another 9 were not recommended to the Minister of DIAND for negotiation.  And, the remaining 22 were withdrawn, settled or accepted by the Minister of DIAND for negotiation without conducting a full inquiry.

From April 1, 2007, to March 31, 2008, the Commission completed the following five inquiries: (i) Lower Similkameen Indian Band [Vancouver,Victoria and Eastern Railway Right of Way]; (ii) Lucky Man Cree Nation [Treaty Land Entitlement Phase 2]; (iii) Roseau River Anishinabe First Nation [1903 Surrender]; (iv) Sandy Bay Ojibway First Nation [Treaty Land Entitlement]; and (v) Saulteau First Nation [Treaty Land Entitlement and Lands in Severalty].  

Reports on the Roseau River Anishinabe First Nation [1903 Surrender], Sandy Bay Ojibway First Nation [Treaty Land Entitlement] and Saulteau First Nation [Treaty Land Entitlement and Lands in Severalty] inquiries were released in this reporting period.

Reports on the Lower Similkameen Indian Band [Vancouver,Victoria and Eastern Railway Right of Way] and  Lucky Man Cree Nation [Treaty Land Entitlement Phase II], were completed and will be issued early in the 2008-2009 fiscal year.

In addition, the Commission released reports on five inquiries completed in previous reporting periods. These are:(i) the Blood Tribe/Kainaiwa [Big Claim]; (ii) Kluane First Nation [Kluane National Park and Kluane Games Sanctuary]; (iii)Opaskwayak Cree Nation [Streets and Lanes Claim]; (iv) Paul First Nation [Kapasiwin Townsite Inquiry]; and (v) Sakimay First Nation [Treaty Land Entitlement].

From April 1, 2007, to March 31, 2008, the Commission completed the following six mediations: (i) Fort Pelly Agency [Pelly Haylands Claim Negotiations]; (ii) George Gordon First Nation [Treaty Land Entitlement Negotiations]; (iii) Metepenagiag Ni’kmaw Nation [Hosford Lot and Red Bank Reserve 7]; (iv)Michipicoten First Nation [Pilot Project]; (v) Muskoday First Nation [Treaty Land Entitlement Negotiations]; and (vi) Sturgeon Lake First Nation [Treaty Land Entitlement Negotiations]. Reports on the completed mediations will be issued in the 2008-2009 fiscal year.

All of the Commission’s reports can be found on our website at www.indianclaims.ca.

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