Canada. Indian Claims Commission : The Indian Claims Commission was established under Order in Council, P.C. 2405, 19 December 1969 under Part I of the Inquiries Act (R.S.C., 1952, c.154) and on the recommendation of the Prime Minister. The Commission was mandated to consult with authorized representatives of the Indians and, (a) to receive and study the grievances arising in respect of: (i) the performance of the terms of treaties and agreements formally entered into by representatives of the Indians and the Crown; and (ii) the administration of moneys and lands pursuant to schemes established by legislation for the benefit of the Indians; (b) to recommend measures to be taken by the Government of Canada to provide for the adjudication of the claims received that he considers can be demonstrated to require special action in relation to any group or groups of Indians; and (c) to advise as to categories of claims that, in this judgement, ought to be referred to the courts or to any special quasi-judicial or administrative bodies that he recommends as being desirable for adjudication of specific awards. The commissioner was Dr. Lloyd I. Barber. The secretary was Brian Pratt.
Throughout the 1960s the Government of Canada tried to establish a process for the adjudication of aboriginal land claims but it gave up on trying to create legislation specifically for that purpose.
In June 1969, the Minister of Indian Affairs and Northern Development, Jean Chrétien, released a formal Statement of the Government of Canada on Indian Policy (the White Paper) that addressed the subject of aboriginal claims to land.
The Indian Claims Commission, December 1969, resulted from the following statement included in the White Paper: "the Government will appoint a Commissioner to consult with the Indians and to study and recommend acceptable procedures for the adjudication of claims."
The commission was to examine grievances of aboriginal peoples in respect of treaty obligations and the administration of land set aside for their benefit. But, according to the Chairman of the commission, Dr. Lloyd Barber, it was clear that the Indians Claims Commission was unpopular from the start because of the White Paper itself:
"When I was appointed to the position in late 1969, Indian opposition to the White Paper was powerful and growing. The office of commissioner was rejected by Indian leaders because it was seen as a creature of the White Paper and because the Commission's terms of reference appeared to preclude any examination of the question of aboriginal rights."
The Indian Claims Commission, therefore, was limited to an exploratory and advisory role rather than one with explicit powers of adjudication. In March 1977, at the time when the Indian Claims Commission was superceeded by the Canadian Indian Rights Commission, Dr. Barber summed up his work as follows:
"Many issues, large and small, from all parts of Canada, were examined. Representations were made to Government on the aboriginal and treaty rights issues, on a large number of band claims, on research funds for Indian organizations, on Indian access to Government files and on other concerns. Gradually, progress was made on understanding the issues involved and on considering means for resolving them."
The role of the Indian Claims Commission thus evolved into one characterized by a variety of functions: chairman of negotiations, facilitator, mediator, middleman, ombudsman, prodder, sounding board. Sometimes specific questions required immediate resolution, but more often it was a matter of the general framework within which on-going issues between the Indians of Canada and the government could be identified and resolved." (See: Statement of the Government of Canada on Indian Policy, 1969, Minister of Indian Affairs and Northern Development, Ottawa, Queen's Printer, 1969, p. 6; and Commissioner on Indian Claims, A Report: Statements and Submissions, Ottawa, Supply and Services Canada, 1977, pp. 1-2).
No formal hearings were held. The Commissioner had informal meetings and discussions with representatives of aboriginal peoples and with government personnel. RG33-115 General Inventory
