Terms of Reference

Pursuant to Order-in-Council P.C. 1991-1329, a Commission issued to the Chief Commissioner under Part I of the Inquiries Act. That Commission was subsequently amended by P.C. 1992-1730 and by P.C. 1993-1444, and further Commissions were authorized to additional named Commissioners. The recitals to the amending Order-in-Council are as follows:

WHEREAS a Joint First Nations/Government Working Group will review and recommend changes to the Government of Canada's Specific Claims Policy and process to the Minister of Indian Affairs and Northern Development and to the Assembly of First Nations; and WHEREAS the Government of Canada and the First Nations agree that an interim process to review the application by the Government of Canada of the Specific Claims Policy to individual claims is desirable;

WHEREAS the Government of Canada and the First Nations agree that an interim process to review the application by the Government of Canada of the Specific Claims Policy to individual claims is desirable;

AND WE DO HEREBY advise that our Commissioners on the basis of Canada's Specific Claims Policy published in 1982 and subsequent formal amendments or additions as announced by the Minister of Indian Affairs and Northern Development (hereinafter "the Minister"), by considering only those matters at issue when the dispute was initially submitted to the Commission, inquire into and report on:

a) whether a claimant has a valid claim for negotiation under the Policy where that claim has already been rejected by the Minister; and

b) which compensation criteria apply in negotiation of a settlement, where a claimant disagrees with the Minister's determination of the applicable criteria.

AND WE DO HEREBY

a) authorize our Commissioners

(i) to adopt such methods, subject to subparagraph (iii), as they may consider expedient for the conduct of the inquiry and to sit at such times and in such places as they may decide,

(ii) that they may provide such advice and information as may be requested from time to time by the Joint First Nations/Government Working Group,

(iii) to provide or arrange, at the request of the parties, such mediation services as may in their opinion assist the Government of Canada and an Indian band to reach an agreement in respect of any matter relating to an Indian specific claim,

(iv) to rent such space and facilities as may be required for the purposes of the inquiry, in accordance with Treasury Board policies,

(v) to engage the services of such experts and other persons as are referred to in section 11 of the Inquiries Act at such rates of remuneration and reimbursement as may be approved by the Treasury Board; and

(vi) to publish the Indian Specific Claims Commission Proceedings as may be appropriate from time to time; and

b) direct our Commissioners

(i) to submit their findings and recommendations to the parties involved in a specific claim where the Commissioners have conducted an inquiry and to submit to the Governor in Council in both official languages an annual report and any other reports from time to time that the Commissioners consider required in respect of the Commission's activities and the activities of the Government of Canada and the Indian bands relating to specific claims, and

(ii) to file their papers and records with the Clerk of the Privy Council as soon as reasonably may be after the conclusion of the inquiry.