Indian Specific Claims Commission : The Indian Specific Claims Commission was established as a commission of inquiry by Order-in-Council PC 1991-1329, dated 15 July 1991. Although this Commission is most commonly known as the Indian Claims Commission, PC 1991-1754 (dated 19 September 1991) establishes the legal name as the Indian Specific Claims Commission. This helps to distinguish it from the Indian Claims Commission of 1969-1977.
The Indian Specific Claims Commission was created following the Oka crisis, and operated under Part I of the Inquiries Act, reporting to the Governor-in-Council. It was designated a department for the purposes of the FAA by PC 1991-1755. Led by the principles of independence, impartiality, fairness, and natural justice, its official mandate was to address disputes arising out of the specific claims process and "inquire into and report on whether a claimant has a valid claim for negotiation under the Policy where that claim has already been rejected by the Minister; and which compensation criteria apply in negotiation of a settlement, where a claimant disagrees with the Minister's determination on the applicable criteria." In short, the Commission functioned as a neutral body which was responsible for conducting inquiries and providing mediation or facilitation services to achieve positive outcomes regarding specific claims.
In fulfillment of its mandate, the Commission operated independently of both the Department of Indian and Northern Affairs and First Nations. Work was carried out in its offices and in the field during staff visits, community sessions, oral hearings, and mediation sessions all over Canada. Justice Harry LaForme was appointed as the first Chief Commissioner of the Commission. In April 1994, he was replaced by Commissioners Daniel J. Bellegarde and P.E. James Prentice, who acted as Co-Chairs until August 2001, when Phil Fontaine was appointed Chief Commissioner. Renée Dupuis was appointed as Chief Commissioner in June 2003 and held the position until the Commission's closure.
Throughout Canada's history, the federal government and First Nations have entered into treaties that resulted in mutual obligations. Specific claims arise when a First Nation alleges that the federal government has not honoured its treaties, agreements or legal responsibilities. Most of the outstanding claims across Canada are specific claims. About 1296 of these claims have been submitted to government since 1970 and about 442 have been concluded. Claims originate within a First Nation, and are submitted with supporting documents to Indian and Northern Affairs Canada for assessment. If claims are subsequently rejected for compensation negotiations, the First Nation can take the claim to the Commission for an inquiry. Before the creation of the Indian Claims Commission, court was the only recourse First Nations had to challenge government decisions.
The need to create an independent and impartial body to mediate these claims was identified in 1990, after the federal government requested that First Nation Chiefs propose ways to improve the claims process. The Indian Claims Commission was established in response to the recommendations made by First Nation Chiefs, to assist in the negotiation process by bringing parties together in a neutral setting to find solutions to contentious issues. Dedicated to bridging different perspectives, the Commission stressed respect of tradition and history, and the importance of oral history. In its 18 years of existence, the Commission published 88 inquiries with reports, 17 mediation reports, and 16 Annual Reports. There is also a 24 volume collection of ICC proceedings. Under PC 2004-0858, the Minister of Indian Affairs and Northern Development was designated as responsible for the ISCC.
The Commission's mandate was amended by Order-in-Council 2007-1789 to stipulate a closing date of 31 March 2009. The Commission was thus required to cease all activities by the closing date, to stop accepting new claims, cease work on inquiries that had not yet reached the community session phase of the inquiry process, and complete and report on all inquiries that have reached the community session phase by 31 December 2008. The Final Report was submitted to the Governor-in-Council in 2009.
Since 1994, the Commission has made recommendations to the government that an independent and permanent body be created to address First Nation specific claims. This need was acknowledged by the government with the tabling of Bill C-30, the Specific Claims Tribunal Act on 27 November 2007. The Act came into effect on 16 October 2008, creating the Specific Claims Tribunal, which replaces the Commission. The Tribunal is a separate entity from the Commission and represents a new approach to improve and accelerate the resolution of specific claims across the country.
