This page has been archived.
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
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.
Program Activity | Actual Spending 2007-08 ($-dollars) |
Alignment to Government of Canada Outcome Area | ||
---|---|---|---|---|
Budgetary | Non-budgetary | Total | ||
Conduct Inquiries and provide Mediation Services | 6,106,340 | — | 6,106,340 | A diverse society that promotes linguistic duality and social inclusion |
2007-2008 | ||||||
---|---|---|---|---|---|---|
2005-06 Actual |
2006-07 Actual |
Main Estimates |
Planned Revenue |
Total Authorities |
Actual | |
Conduct Inquiries and provide Mediation Services | 6,876,146 | 6,533,756 | 6,733,000 | 6,800,000 | 7,021,817 | 6,106,340 |
Total | 6,876,146 | 6,533,756 | 6,733,000 | 6,800,000 | 7,021,817 | 6,106,340 |
Less: Non-Respendable Revenue | --- | --- | N.A. | --- | N.A. | --- |
Plus: Cost of Services Received Without Charge | 693,000 | 678,000 | N.A. | 667,000 | N.A. | 606,400 |
Net Cost of Program | 7,569,146 | 7,211,756 | N.A. | 7,467,000 | N.A. | 6,712,740 |
Full-Time Equivalents | 46 | 45 | N.A. | 49 | N.A. | 47 |
2007–2008 ($ - 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 |
Not applicable - The Commission does not provide any loans nor does it make investments or advances to outside parties.
Not applicable - The Commission does not operate any programs or services that produce revenues.
Not applicable - The Commission does not have a Revolving Fund.
Not applicable - The Commission does not provide any goods or services that require the collection of fees.
Not applicable - The Commission did not have any project spending in 2007-2008.
Not applicable - The Commission did not have any project spending in 2007-2008.
Not applicable - The Commission does not have any transfer payment program authority.
Not applicable - The Commission does not have any transfer payment program authority.
Not applicable – The Commission is an independent organization that operates at arms-length from government.
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.
Not applicable - There were no Parliamentary Committee Reports or External Audits directed specifically to the Indian Specific Claims Commission.
There were no internal audits or evaluation of the Indian Specific Claims Commission in 2007-2008.
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.
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:
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.
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;
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