Native land claims legislation aims to clear backlog, ease tensions

Sue Bailey
THE CANADIAN PRESS
Mon Nov 26, 8:22 PM ET

OTTAWA - New legislation is to be announced Tuesday in a bid to ease tensions and speed settlement of about 800 stalled native land claims.

The proposed bill, co-written by the Assembly of First Nations, is expected to create an independent tribunal of judges which would make binding rulings when talks fail.

The judges are to be named by the prime minister or his cabinet, and would review specific claims valued at less than $150 million that have been rejected or have dragged on for at least three years.

Sources say Indian Affairs Minister Chuck Strahl and Assembly of First Nations National Chief Phil Fontaine will also sign a political accord to deal with specific claims over $150 million and to create an oversight committee.

The current process has Ottawa acting as both judge and defendant, and takes an average of 13 years.

Frustration has boiled over in several ugly clashes in recent months amid lengthy native occupations and protracted negotiations.

Sweeping comprehensive land claims - such as those affecting huge swaths of Ontario and B.C. - will be dealt with separately from the specific claims bill.

The federal government has itself estimated that it owes First Nations billions of dollars for breached or unfulfilled treaties. Basic funding for settlements is set at about $159 million this fiscal year.

Federal officials say that only about 120 of 800 unsolved claims have made it to the active negotiation stage.

If passed, the bill is expected to commit $250 million a year for 10 years for specific land claims research and compensation. The existing Indian Specific Claims Commission would be refocused to concentrate on dispute resolution.

"I think it's the most we're going to get," said Grand Chief Ken Malloway, chairman of the British Columbia Specific Claims Committee.

The legislation, if passed, will be good news overall to streamline a discredited settlement process, he said Monday in an interview.

Still, First Nations had hoped to have a say in naming judges to the tribunal.

"We wanted joint appointments but that's not on, apparently," Malloway said.

He also wrote a letter to Fontaine dated Nov. 23 outlining concerns about the lack of broad consultation with native communities in B.C. - home of about half the claims in the sluggish system.

Draft legislation crafted on their behalf has so far been kept under tight wraps.

"I understand the strict timeline we are under, but with all of the confidentiality invoked, First Nations are understandably frustrated with lack of information," Malloway wrote.

Past attempts to reform the land claims system without sufficient native input were "disastrous," he added.

"We strongly urge that meaningful community consultation occur, despite Canada's restrictive timeline. This is equally important for any political accord that is being considered." The B.C. specific claims committee urged Fontaine to sign Tuesday only an agreement in principle until First Nations have offered feedback.

"We are unable to blindly support legislation or a political accord that we have not seen or about which B.C. First Nations have not been directly consulted," Malloway wrote.

That said, he was confident Monday that the legislation will ultimately pass muster.

"I think this new (tribunal) is going to be able to get started to clear the backlog."