Speaking Notes for an address

by the Honourable Jim Prentice, PC, QC, MP
Minister of Indian Affairs and Northern Development and
Federal Interlocutor for Métis and non-Status Indians

to the BC Business Council

Vancouver, BC
June 25, 2007

Check against delivery

 

Good afternoon. I'm very pleased to have this opportunity to speak with you today.

By now I know that you are all aware of this government's new approach to the resolution of specific claims, announced by Prime Minister Harper and myself in Ottawa on June 12^th.

I want to take a little time here this afternoon to discuss this new approach with you, because the issue of unresolved specific claims has real relevance for you here in British Columbia -- 44 percent of the 800 or so backlogged claims are in this province. And that is a sobering statistic that has ramifications for all British Columbians.

Ladies and gentlemen, there is no question that the challenges faced by many First Nation communities are complex and wrenching. But I think we need to take heart from many encouraging developments over the past months, of which the recent specific claims announcement was just one.

This government has been hard at work with our partners on initiatives that make a tangible difference in Aboriginal communities. For example, we have implemented successful initiatives in First Nation education here in British Columbia, and child and family services in Alberta.

And this year in British Columbia, I'm happy to announce today that Canada's New Government has settled four specific claims: two from the Skeechestn Band, one from the Oregon Jack Creek Band, and one from the Osoyoos Band. These settlements are the fulfillment of an historic obligation, and will help to pave the way for sustainable prosperity in these communities.

Just last week I was in Sturgeon Lake, Saskatchewan to sign a Treaty Land Entitlement Settlement Agreement with the Sturgeon Lake First Nation. This agreement will allow the First Nation to strengthen their economy, thereby creating a positive investment climate that will be of great benefit not only to the community, but surrounding communities as well.

We're also making headway in the areas of housing, economic development, matrimonial real property, and human rights protection.

Along with the recent announcement of our new approach to resolving specific claims, we have found a new way forward – and this is indeed something to celebrate.

But we have a way to go yet. The intolerably slow pace of specific claims resolution is common knowledge. The fact that it takes 13 years, on average, to process a claim, is completely unacceptable.

Canada's New Government recognizes the pressing urgency of this situation, and that in fact it should have been dealt with a long time ago. Well – we are dealing with it now. We are taking a new, decisive approach to restore confidence in the integrity and effectiveness of the process to resolve specific claims.

Our Government has developed a package that includes all the elements essential for the fair, respectful and final resolution of specific claims. We are taking a major step forward for justice.

Our approach responds to the major concerns expressed by First Nations and others about the current process. And it builds on the lessons learned from years of study and consultations.

There have been champions along the way who have spoken up for First Nations. From 1947 to 2007, there were calls from many quarters for a fairer and more expeditious means of clearing the backlog of specific claims.

Studies dutifully documented what we all know is the fundamental problem: instead of meaningful action that could have prevented Oka, Ipperwash, Gustavson Lake and Caledonia, government after government let the problems fester and First Nations frustration build.

In 1992, the accumulated claims inside the system were in the neighbourhood of 200 to 300. As I mentioned, those claims have since swollen to around 800 unresolved claims today.

First Nations, and in fact all Canadians, are fed up with the slow pace of claims settlements.

People on all sides of this issue want a fair and respectful solution to unsettled claims so we can avoid conflict in communities and disruptions to the economy, and so First Nations can have the resources to build better lives for their members.

Canadians expect a quick, peaceful and respectful resolution to this problem. And that's precisely what our government intends to do.

Our new approach has four key elements.

The most significant of these is the establishment of an Independent Tribunal, that will be able to make binding decisions where claims are rejected for negotiation or when negotiations fail. This was one of the main recommendations in the Senate Committee report.

This tribunal is the linchpin of our new approach. To quote Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs :

"The Government of Canada acting as both judge and jury in the specific claims process has been a clear conflict of interest. Removing this conflict through the creation of an independent body will ensure that we do not have to wait 90 years to resolve the existing backlog of claims."

The tribunal will consider questions regarding the existence of lawful obligation or financial compensation, and to ensure fairness to all parties, we are proposing that this independent tribunal be composed of federally appointed judges.

The proceedings will not be binding on other levels of government, and periodic reports will keep governments and taxpayers up to date on the tribunal's activities and success in resolving claims.

Binding decisions will allow us to achieve closure on claims and bring finality regarding questions about lawful obligations and compensation. And that is our overarching objective.

Secondly, we will establish dedicated funding for settlements. Dedicated funding amounts are another necessary step in revamping the specific claims process. Substantial funding dedicated to specific claims settlements will be put in place, with an upper limit of $250 million per year.

To hold government to account, we will establish explicit targets for resolving outstanding claims, which would be publicized. Results will be reported annually in order to strengthen accountability.

Thirdly, we must transform the current Claims Commission. It goes without saying that negotiation will always be our preferred route to resolving claims. A negotiated settlement is undoubtedly the best way to accommodate the interests of all parties.

I believe it's critical that we make every effort to achieve negotiated settlements and only turn to an adjudicative mechanism as a last resort. That's why our plan calls for impartial intermediaries when discussions are deadlocked.

We already have a good option in place, with the Indian Specific Claims Commission. We certainly don't want to lose that expertise, nor do we want to duplicate efforts. But we do need to transform the ISCC.

Our plan recognizes that mediation should be used more often in the negotiation process and that the current Commission should be changed and refocused in a world where a tribunal is in place. It will no longer perform the function of inquiry into claims that have been rejected.

The focus of its work would shift to providing dispute resolution services to make better use of the Commission's strengths and resources.

This transformation would help Canada and First Nations to overcome impasses at all stages of the process, reducing many of the delays that are holding us back. This will enable us to conclude more negotiations successfully and at a faster pace.

Finally, we must make improvements to internal processes.

Among the changes, an early review process will see all new claims receive a preliminary assessment within six months to identify those that qualify for negotiation and to sort them for speedier processing and resolution.

We will establish separate arrangements outside the specific claims process to handle larger claims, valued at $150 million or more. But we remain committed to resolving, through negotiations, these claims by way of special Cabinet authorities.

We will obviously need to talk with Canadians about our proposal. We will be working with First Nation chiefs all across Canada, particularly here in BC, over the course of the summer.

We need to talk with our provincial counterparts, since the federal government does not have exclusive jurisdiction over these issues or sole liability for specific claims resolution.

As the provinces and municipalities make many of the development decisions that impact claims resolutions, they need to be a part of this process.

Ultimately, this is a national problem which requires a national solution that is in the national interest.

I recognize that some will have questions about what we are proposing. But specific claims will never be resolved if we are going to debate them endlessly.

It may not be perfect, but I am convinced we have developed a good plan. It is fair, transparent, efficient and respectful. It will deliver results.

This plan will allow us to achieve fairness in resolving claims and bring certainty to government, industry and all Canadians. It will fulfill Canada's lawful obligations to First Nations and, in the process, pay down taxpayers' longstanding debt. It will enable us to settle all existing claims and achieve a final solution to this difficult issue.

I have absolutely no doubt this is a worthwhile exercise and something we must do. So, I am looking for willing partners to work with me in practical, progressive ways that will accelerate the resolution of outstanding claims.

Following discussions through the summer months, I intend to bring forward legislation and a transition plan containing these components so we can begin implementing the new measures within the next year.

Unresolved specific claims have been a burden on all Canadians for long enough. I am looking forward to implementing this new approach and settling this issue once and for all.

Thank you.