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Claims and Indian Government Sector

ASSISTANT DEPUTY MINISTER
Room 1642
Telephone No. (819) 953-3180
Fax No. (819) 953-3246


Strategic Outcomes

Creating an environment strengthening empowered First Nations and Inuit governments, effective institutions and cooperative treaties and governmental relationships and transferring land title and supporting the sustainable use of lands and the management of resources.

Overview

The Claims and Indian Government Sector is responsible for three key federal policies covering the negotiation and implementation of specific claims, comprehensive land claims and self-government agreements.

Key Responsibilities

  • to manage the negotiation and settlement of comprehensive and specific claims and the negotiation of self-government agreements, while providing support to similar negotiations run by INAC regional offices;

  • to lead in developing the comprehensive claims and self-government policy frameworks to guide negotiations, and to manage the federal approval process for negotiation mandates and agreements;

  • to lead in putting a new fiscal relationship in place between Canada and Aboriginal peoples;

  • to put in place comprehensive land claim and self-government agreements, including: negotiating and renewing implementation plans and fiscal agreements, coordinating and managing Canada’s responsibilities under these agreements, and developing implementation policy guidelines; and

  • research and funding support for negotiation of comprehensive land claims, specific claims and self-government agreements.

The Assistant Deputy Minister is responsible to the Deputy Minister for the overall management of CIG sector resources and for the sector files.

Resolution of Grievances

The Specific Claims Branch manages the Specific Claims and Treaty Land Entitlement policies to resolve Canada's lawful obligations through alternative disputes resolution mechanisms rather than litigation. The objective of the Specifc Claims Program is to address past grievances related to the administration of Indian lands and other assets, as well as the fulfilment of treaties, in a manner that strengthens partnerships, aids community healing, builds capacity and provides First Nations with needed lands and resources.

Reconciliation of Rights and Titles to Lands and Resources

The Comprehensive Claims Branch (CCB) negotiates, on behalf of the Government of Canada, comprehensive land claims with Aboriginal groups and provinces/territories. CCB manages the Comprehensive Land Claims policy which aims to resolve claims to Aboriginal title in areas of Canada that have not been addressed by treaty or other legal means. Negotiations have two objectives: establish certainty of title to lands and resources; and enhance economic development and socio-economic opportunities for Aboriginal communities.

Section 35 of the Constitution Act, 1982, recognizes and affirms Aboriginal and treaty rights that now exist or that may be acquired by way of land claim agreements. Self-government arrangements may be negotiated concurrently with lands and resources as part of comprehensive land claim agreements. The federal government is prepared, where the other parties agree, to constitutionally protect certain aspects of self-government agreements as treaty rights within the meaning of section 35.

Recognition of First Nation / Inuit Governments

The Self-Government Branch manages the Inherent Right to Self-Government policy to create effective governmental relationships. There are differing views on the nature and scope of the inherent right to self-government, and how it can be applied. The federal approach is to set aside legal differences, and to work out practical self-government arrangements, rather than having endless legal debates, which are expensive, time-consuming and uncertain.

Relationships that are Inter-Governmentally Enduring and Collaborative

The Implementation Branch negotiates Implementation Plans and Fiscal Transfer Agreements which accompany Self-Government and Comprehensive Land Claim Agreements. The Branch is also responsible for monitoring and coordinating federal responsibilities under Comprehensive Claim and Self-Government Agreements on behalf of the Government of Canada.

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  Last Updated: 2006-08-18 top of page Important Notices