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The Indian Claims Commission’s Independence and Impartiality

The Indian Claims Commission was created by Order in Council in 1991 (amended 1992) following the Oka crisis. It is an independent and neutral commission of inquiry, operating under Part I of the Inquiries Act and reporting to the Governor in Council. The Commission conducts inquiries and provides mediation services.

We operate at arm's length of the government and First Nations. We are not an advocate for any party.

Under an Order in Council dated July 20, 2004, the Minister of Indian Affairs and Northern Development has been designated as the appropriate Minister for purposes of the Financial Administration Act. From 1991 to 2004 the Prime Minister had been so designated. This change does not diminish our independence for the work that we do.

We operate independently of First Nations and of the Indian and Northern Affairs department. To ensure our independence, the Commission has decided to enter into a Memorandum of Understanding with the Canadian Human Rights Commission for the corporate services we require.

Like other commissions of inquiry, courts and federal administrative tribunals, the Commission is an independent and impartial body funded by Parliament from the Consolidated Revenue Fund.

Independence and impartiality are important principles that guide our day-to-day operations.

Our Code of Conduct for Commissioners stresses our independence, impartiality and neutrality. A similar Code of Conduct for Staff has been adopted.