Specific claims legislation introduced in House

On Nov. 27, the Assembly of First Nations (AFN) and the federal government took the next step in their efforts to create a new and improved process for handling land claims, with legislation to create a specific claims tribunal being tabled in the House of Commons. That same day, AFN National Chief Phil Fontaine joined Indian and Northern Affairs Minister Chuck Strahl in signing a political agreement that deals with issues surrounding specific claims reform not dealt with in Bill C-30, the Specific Claims Tribunal Act.
The AFN further indicated its support for the bill on Dec. 12, adopting a resolution at its special chiefs assembly that calls for creation of a "fair, effective and efficient system to resolve First Nations' specific land claims."
The proposed legislation calls for creation of a tribunal of impartial judges, which will work to resolve the current backlog of land claims. The claims need to be addressed by "fair, efficient and effective means" said Fontaine in his address to the assembly in which he endorsed Bill C-30.
"The resolution recognizes that First Nations have an active interest in a full review and discussion of the proposed legislation. And as such, the AFN will facilitate First Nations involvement in discussing the approach and in raising any further issues with the Parliamentary committee," Fontaine said to the leaders.
The next day, Strahl addressed the assembly, discussing a number of issues including education, economic development and Bill C-30. Strahl commended the AFN and Fontaine for their efforts in moving forward with this legislation.
"Just two weeks ago I introduced this legislation, Bill C-30," Strahl said. "National Chief Fontaine, you and your organization played a key and historic role in drafting and developing this legislation, and I believe First Nations people and Canadians at large should acknowledge your leadership in making this happen. I want to thank you for that and tell you I look forward to continuing this partnership as we work together in the future to fulfill the promise of the political agreement we also developed through this process."
According to information on the INAC Web site, once Bill C-30 is passed into law, First Nations will be eligible to file a claim with the tribunal in situations where their claim has been rejected by Canada, if Canada fails to complete its claim assessment within three years, following three years of unsuccessful negotiations, or at any time during the negotiation process if all parties involved agree to file. The tribunal will only look at claims valued at less than $150 million, and won't deal with issues related to claims such as punitive damages, cultural and spiritual losses and non-financial compensation.
This proposed new approach to land claims is in response to more than 60 years of unsuccessful efforts to deal with land claims.
"It's good that they are recognizing that these claims are legitimate, they want to speed up the process on these outstanding claims and of course the implementations of our treaties. There's a backlog of 1200 claims. It has taken an average of 10 to 12 years to receive any type of response on a claim, so that was a real problem for the chiefs and the cost that they were being incurred by the courts," said Kathleen McHugh, interim chair of the AFN Women's Council, who was in attendance at the special chiefs assembly when the resolution was passed. "With Bill C-30, at least the chiefs were reassured that it was not going to take that long."

Quick facts: the history of Canada's land claim system

1947-The Special Joint Committee of the Senate and the House of Commons recommended a commission be set up immediately to settle the claims.
1973- Canada's Specific Claims Policy was developed as an alternative to litigation.
1979 -A report recommends an independent body be created to resolve land claims, indicating that having the government involved in resolving claims against itself was a conflict of interest.
1983-The Penner Report called for a quasi-judicial process to overlook claims.
1991-The Indian Specific Claims Commission (ISCC) was created to conduct reviews and provide mediation to deal with rejected claims outside the courts.
1996- The Royal Commission on Aboriginal Peoples recommended a tribunal be created to replace the ISCC.
1998-A Joint First Nations-Canada Task Force on Specific Claims Policy Reform recommended creation of an independent claims commission, and a tribunal to help resolve disputes
February 2007-A report by the Standing Senate Committee on Aboriginal Peoples recommended creation of an independent claims body.
June 2007-The federal government proposes major reforms to the specific claims process, including creation of an independent tribunal, faster processing of claims, and better access to mediation.
November 2007-The Specific Claims Tribunal Act, developed jointly between Canadian government and the AFN, was introduced in the House of Commons.