ARCHIVED - RPP 2007-2008
Indian Specific Claims Commission

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Section III – Supplementary Information

Organizational Information

The ISCC is currently comprised of a part-time Chief Commissioner and four part-time Commissioners. There are two vacant Commissioner positions. The Commissioners are supported by Commission staff, headed by an Executive Director. The Management Committee includes the Executive Director, Commission Counsel, Director of Liaison, Director of Mediation, and Director of Corporate Services.

Commission’s Links to the Government of Canada Outcomes

The Commission’s strategic outcome contributes to all of the Government of Canada outcomes. In this regard, resolution of Indian specific claims often provides greater certainty over lands and resources, enhancing economic opportunities for First Nations, and contributing to strong economic growth. Resolution of Indian specific claims can result in improved relations between governments, First Nations and their neighbouring communities, fostering safer and more secure communities. Improved relations also support Canada’s efforts to achieve a strong and mutually beneficial North American partnership.

Financial Tables

Table 1: Commission Planned Spending and Full-time Equivalents

* Reflects the best forecast of total net planned spending to the end of the fiscal year.

The increase of $34 thousand for 2007-2008 Total Planned Spending is mainly attributed to the increase for compensation for collective bargaining agreements signed by July 31, 2006.

The ISCC does not operate any transfer payment grant and contribution programs. All of the ISCC’s funds are used to meet its operating costs. Slightly more than three-quarters of the budget is used to meet the costs of salaries, benefits and professional and special services. The balance of the budget is used to meet the costs of transportation to hold inquiries and mediation in First Nation communities, financial and administrative services, accommodation, and office equipment and supplies. This spending supports the work of the Commissioners and staff concerning the 37 inquiries and 27 mediations currently before the ISCC.

Table 2: Voted and Statutory Items Listed in Main Estimates

The increase of $1.2 million between the 2007-2008 and the 2006-2007 Main Estimates represents the funding received through the 2006-2007 Supplementary Estimates (A), and that amount was for conducting regular operations of the Commission. In conclusion, the amount approved in 2006-2007 in Main Estimates and Supplementary Estimates equal Main Estimates of 2007-2008.

Table 3: Services Received Without Charge

Table 4: Resource Requirement by Branch

The organizational units of the Commission are not structured into Branches or Sectors.

Logic Model

To depict the relationships between the program inputs, results and outcomes, the following vertically aligned presentation displays the logic of the program design for the ISCC’s strategic outcome of “Fair resolution of Indian specific claims.” Accountability for the activities, results and outcomes resides with the Chief Commissioner.

Claims Process and Stages of Inquiry

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 itsinquiries 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 Claim 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:

1. Initial Request for Inquiry – The Commission reviews the First Nation’s request for an independent inquiry and, if it agrees to accept the specific claim for review and assessment, a panel of three Commissioners is formed to hear the inquiry.
2. Preparation for Inquiry – Briefing material is prepared and sent to all of the parties in advance to facilitate discussion. Counsel for both parties are asked to state the issues to be addressed by the inquiry, from which the Commission staff will attempt, in consultation with counsel for the parties, to generate a single list of issues. A planning conference is held among the parties and their counsel. In many instances, the need for further research is identified. If there is no consensus by the parties on a single list of issues, this matter is placed before the panel for decision.
3. Staff Visit and Community Session(s) – Commissioners and staff attend a session or series of sessions in the First Nation’s community to hear directly from Elders and other knowledgeable members of the First Nation. In some instances, expert witnesses may be called upon to present evidence or testimony and are subject to cross examination by the other party.
4. Written and Oral Submissions – Both parties present submissions to the panel.
5. Commissioners’ Final Report – The panel of Commissioners consider the evidence, testimony and submissions presented to them and issue a final report that contains their findings and recommendation that the Minister of DIAND not reconsider the decision to deny the specific claim, or that the Minister of DIAND accept the specific claim for negotiation.

These five stages typically take between two to five years to complete depending on the number and complexity of the parties involved and of the issues being considered.

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.

Mediation/Facilitation Process

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 Specific Claims Commission provides facilitative mediation services that are culturally sensitive, informal, nonthreatening, 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:

1. Preparation for Mediation – The Commission reviews the claim being negotiated and brings representatives of the negotiating parties together face-to-face to discuss the issues and terms of the negotiation and mediation protocol agreements.
2. Negotiation Process – The Commission facilitates discussions on compensation, assists the parties by coordinating the gathering of information including land appraisals and joint loss of use studies, and monitors the parties’ decisions and undertakings.
3. Settlement – When and after the negotiating parties reach an agreement in principle, lawyers for the First Nation and Canada work together to draft a final settlement agreement which is initialled by the negotiators and ratified by both parties.
4. Final Mediation Report – The Commission reports to the federal government, the First Nation and the public on the outcome of the negotiation.

CONTACTS

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: http://www.indianclaims.ca
E-mail: feedback@indianclaims.ca

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