New land-claims process in works

Resolutions will be quicker, Harper says

SUE BAILEY
Canadian Press - Posted Globe & Mail
June 13, 2007

OTTAWA -- The Conservatives announced legislation yesterday before it was even crafted as part of a bid to speed land claims and ease tensions pending a native day of action June 29.

Prime Minister Stephen Harper said the bill, to be co-written with the Assembly of First Nations, would "revolutionize" a discredited settlement process and help clear a backlog of more than 800 cases.

"Canada will be a better, stronger, more united country when all its citizens enjoy full equality of opportunity," Mr. Harper declared on Parliament Hill.

"And today's announcement, I believe, represents a quantum leap toward that goal for Canada's first peoples."

For Six Nations protesters embroiled in a 15-month occupation near Caledonia, Ont., the news fell flat.

"Right here and now, it doesn't change one thing," said Janie Jamieson, who speaks for those who have occupied a former housing development in Caledonia since February of 2006.

"It doesn't settle anything. It doesn't give me hope.

"At any point, Stephen Harper could step in ... but he doesn't."

If passed, the bill would commit $250-million a year for 10 years for specific land-claims research and compensation, and would create a new tribunal staffed with impartial judges who would make binding rulings on claims when negotiations fail.

The existing Indian Specific Claims Commission would be refocused to concentrate on dispute resolution.

About half of the log-jammed cases are worth $3-million or less, and involve disputes over breached or unfulfilled treaties affecting much of Canada.

"Instead of letting disputes over land and compensation drag on forever, fuelling anger, frustration and uncertainty, they will be solved once and for all by impartial judges," Mr. Harper said.

What he didn't say is that the current plan gives the government full power to select those six judges.

That would be a problem, said NDP native affairs critic Jean Crowder.

"There has to be first nations members selected by first nations," she said when asked if her party would help pass the bill through a fractious minority parliament.

The current process takes an average of 13 years. Cases under the new plan would be referred to the panel of judges if talks are stalled after three years.

Native frustration has flared in recent months, prompting blockades and sometimes ugly conflict.

Demonstrations, including rail blockades, are planned June 29 by leaders who have taken a wait-and-see attitude toward federal promises of action.

"This is one significant piece in a large puzzle," said Phil Fontaine, National Chief of the Assembly of First Nations.

"We recognize there are other important challenges across the country.

"This is not a cure-all, but a very important opportunity for the country - not just first nations."

Then again, he's heard lofty proclamations before. He and other native leaders negotiated the $5-billion Kelowna Accord with the previous Liberal government only to see it gutted when the Conservatives took office.

Ottawa has until now acted as defendant, judge and jury in disputes that have overstretched bureaucratic and native resources.