John Ivison
National Post
Prime Minister Stephen Harper, Indian Affairs Minister Jim Prentice and Assembly of First Nations (AFN) National Chief Phil Fontaine will make a joint announcement about the establishment of a specific claims reform commission, which they hope will make inroads on the backlog of more than 800 outstanding land claims within five years.
It is understood the government will also announce a change in funds available for settlements.
The Conservatives hope that by bringing native leaders into the land-claims process, they can defuse tensions and avoid a repetition of the violence that plagued protests at
Neither the government nor the AFN would comment on the announcement but it is understood the new body will have the power to approve land claims of less than $200-million, while settlements over that amount would be handled by Cabinet.
The new body would be based on the existing Indian Claims Commission (ICC), which makes recommendations on contentious land claims but does not have the power to make legal rulings.
The AFN will have a hand in drafting the legislation that will create the new body, which will be at arm's-length from government. Aboriginal bands have long argued that the government acts as judge and jury when it comes to settling claims made against it.
The move is likely to be hailed as a victory for natives and could defuse the threat of confrontation later this month in some aboriginal communities. Native groups had called for a National Day of Action on June 29 "to raise awareness and support among the general public and the government for urgent action to address First Nations issues."
"There is no doubt there was urgency because the government saw the National Day of Action as potentially getting out of hand," said one source in the native community.
But he was quick to point out that Mr. Prentice has advocated an overhaul of the ICC since he served as its co-chairman in 2001, long before he entered Parliament. "It shows how much influence Prentice has," the source said.
Today's announcement implements the findings of a Senate report on the federal "specific claims" process, which said only 450 of the 1,300 claims made since 1970 have been settled. The Senate committee heard testimony that suggested that at the present rate of 10 or so settlements a year, it would take 90 years to clear the backlog of valid cases.
Specific claims revolve around disputes over First Nations' lands, monies and assets. In some cases, First Nations claim they did not receive land they were promised in treaties; in others, they were given the land only to have it taken away and used for development, roads or railway lines.
The committee, chaired by Conservative Gerry St. Germain, recommended that the government establish a dedicated fund for the payment of settlements, with unused funds carried forward to subsequent years. The fund should be for no less than $250-million, with that amount added on an annual basis, it said.
It also recommended the formation of an independent body with the mandate to resolve specific claims in partnership with First Nations.
"The committee is concerned that some Canadians may incorrectly regard claims settlements as something akin to a gift from the federal government. Canadians should know that there are justice issues that have to be addressed," it concluded.