A welcome effort on native claims

Harper's plan to end foot-dragging and delays will benefit First Nations and all Canadians


Thursday, June 14, 2007
Times Colonist (Victoria)

The federal government's handling of native land claims has been a disgrace that damaged First Nations, created economic uncertainty, sparked blockades and protests and dishonoured Canada.

So the Conservative government's pledge to overhaul the system is welcome.

The sooner fairness and urgency can be introduced into the process, the better.

These claims are separate from the treaty process now under way in B.C. They affect First Nations already covered by treaties who believe those agreements or other federal responsibilities were violated over the last century.

Land set aside in treaties has routinely later been taken from First Nations for the convenience of governments or other residents, without consultation or compensation.

In theory, the federal government has been committed to dealing with these violations.

In practice, it has chosen to stall or completely ignore the claims. The Saulteau First Nation near Chetwynd, for example, submitted a claim to the Indian Affairs Department in 1997 alleging it was shortchanged by about 5,000 acres under an 1899 treaty.

The government didn't say yes or no. It simply ignored the claim for six years.

The Indian Claims Commission, an appeal tribunal, accepted the claim for review in 2003. It took until last month for it to be resolved in the band's favour.

That 10-year process is actually quicker than the average 13-year wait to resolve a claim.

The result is a backlog of 850 outstanding claims, including about 425 from B.C. First Nations. The government is dealing with about 10 per year. At this rate, cases will be outstanding in the next century.

The federal government's failure is inexplicable. About half the backlogged cases involve claims of less than $3 million in value; settling them won't be a financial burden.

And resolving claims doesn't necessarily mean any payment; the government prevails sometimes as well.

The measures Prime Minister Stephen Harper promised this week are promising.

A new, independent tribunal will be set up with the power to make binding rulings on claims when negotiations fail to produce a resolution. The current Indian Claims Commission can only mediate and make recommendations.

First Nations will also be able to escalate claims to the tribunal more quickly.

And the government has committed $250 million a year to dealing with the backlog.

They are all reasonable steps.

The government's record has been costly. The delays deprive bands of legitimate compensation that could help alleviate the poverty and economic dependency that afflicts First Nations across Canada.

And increasingly, they have resulted in protests, blockades and other disruptive activities by bands tired of waiting for justice.

Those actions threatened to boil over in a national day of protest planned for June 29. First Nations should be willing to wait and see whether Ottawa delivers on its promise.

It should. The federal government's overdue action on this issue will benefit all Canadians.