ICC's Inquiry and Mediation Processes
The Federal Claims Process A claim starts within a First Nation. The First Nation researches the claim and submits it with supporting documents to the Indian and Northern Affairs Canada. The Specific Claims Branch of that department does its own research and, with the Department of Justice, assesses the claim to determine if the claim establishes an "outstanding lawful obligation" on the part of the government. If the federal government does not believe it has an outstanding obligation, the claim is rejected and the Department of Indian Affairs informs the First Nation that it will not negotiate a settlement. The First Nation can then take the claim to court or to the Commission for an inquiry. Fairness in claims negotiation The Indian Claims Commission is a Commission of Inquiry established by Order in Council under Part I of the Inquiries Act in 1991. The Commission has a double mandate: to inquire, at the request of a First Nation, into its specific land claim; and to provide mediation services, with the consent of both parties, for specific claims at any stage of the process. An inquiry may take place when the Minister of Indian and Northern Affairs Canada has rejected a First Nation’s claim, or when the Minister has accepted the claim for negotiation but a dispute has arisen over the compensation criteria being applied to settle the claim. As part of its mandate to find more effective ways to resolve specific claims, the Commission has established a process to inquire into and review government decisions regarding the merits of a claim and the applicable compensation principles when negotiations have reached an impasse. Since the Commission is not a court, it is not bound by strict rules of evidence, limitation periods and other technical defences that might present obstacles in litigation of grievances against the Crown. This flexibility removes those barriers and gives the Commission the freedom to conduct fair and objective inquiries in as expeditious a way as possible. In turn, these inquiries offer the parties innovative solutions in their efforts to resolve a host of complex and contentious issues of policy and law. Moreover, the process emphasizes principles of fairness, equity and justice to promote reconciliation and healing between Aboriginal and non-Aboriginal Canadians. The Commission provides broad mediation and facilitation services at the request of both the First Nation and the Government of Canada. Together with the mediator, the parties decide how the mediation process will be conducted. This method ensures that the process fits the unique circumstances of each particular negotiation. The process used by the Commission for handling claims is aimed at increasing efficiency and effectiveness in resolving specific claims. There are five stages to the inquiry process and five stages in the mediation process, which begin when a request is received from a First Nation. |
