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KAIROS to Seek Changes to Government's
Proposed Legislation for Resolving First Nations Claims
16 July 2002
(OTTAWA -- July 16, 2002) Although pleased that the federal government
has finally tabled long overdue draft legislation aimed at creating
a more effective mechanism to settle Aboriginal claims in Canada,
the inter-church justice coalition KAIROS is concerned about serious
flaws that require amendment.
Bill C-60 — presented to Parliament for first reading by
Indian Affairs Minister Robert Nault on June 13 — is called
An Act to Establish the Canadian Centre for the Independent Resolution
of First Nations Specific Claims.
Specific claims arise from a breach of the federal government's
obligation to Aboriginal peoples; mismanagement of Aboriginal funds,
lands, resources or other assets; non- fulfillment of a treaty or
agreement between Aboriginal peoples and the federal government;
or illegal disposition of Aboriginal land. The Centre would not
deal with comprehensive claims; that is, claims that arise when
Aboriginal peoples assert Aboriginal title and rights to lands not
covered by treaties.
In 2000, the national churches and religious organizations that
form KAIROS collected 50,000 signatures on a petition calling on
the federal government "to act immediately to establish a truly
independent commission with the mandate to implement Aboriginal
land, treaty and inherent rights."
For decades, other national and international organizations - including
the United Nations Human Rights Committee, the Royal Commission
on Aboriginal Peoples, the Manitoba Aboriginal Justice inquiry,
three parliamentary committees, the Canadian Bar Association, and
the Indian Claims Commission -- have also been calling for independence
and impartiality in resolving Aboriginal claims.
"While Bill C-60 represents a hopeful beginning, we are concerned
that the Prime Minister's Office is given the power to unilaterally
appoint the commissioners who will make decisions about how to deal
with specific claims," says Ed Bianchi, who coordinates the
Aboriginal Rights education and advocacy work of KAIROS.
"In our view, this threatens to seriously undermine the Centre's
independence, impartiality and legitimacy," adds Bianchi. "We
believe Bill C-60 should be amended so as to implement the recommendation
of the Joint First Nations-Canada Task Force (JTF) that First Nations
and the Minister of Indian Affairs agree on the eligibility of potential
commissioners."
Bill C-60 implements other JTF recommendations by creating a commission
and a tribunal within the proposed Canadian Centre for the Independent
Resolution of First Nations Specific Claims. The commission would
facilitate negotiations and present information on specific claims
to the Minister of Indian Affairs, who would decide on whether or
not to negotiate a claim. A rejected claim could be referred to
the tribunal, which would make final binding decisions on its validity,
and on cash compensation to a maximum of $7 million.
"We're dismayed that settlement awards have been capped at
$7 million," states Ed Bianchi. "This discriminates against
Aboriginal communities with valid claims worth more than the government-imposed
limit. It also runs the risk of creating a situation in which smaller
claims are given priority over larger ones. This in turn would contradict
Indian Affairs Minister Nault's assertion that the Centre will allow
First Nations to achieve their full potential since it is more substantial
claims that may have some measurable impact on a community's ability
to move forward."
KAIROS is similarly concerned that Bill C-60 does not mandate
the Centre's tribunal to consider anything but financial compensation.
This means land - as a form of compensation, or in exchange for
original territory that is no longer available -- is off the negotiating
table. For example, the tribunal will not be able to return land
to a First Nation whose reserve was illegally reduced in size. KAIROS
believes this is a flawed approach, particularly given that in order
to resolve current problems, as the Royal Commission on Aboriginal
Peoples concluded, Aboriginal peoples must have access to sufficient
land and resources.
In the months to come, KAIROS will follow Bill C-60 through the
legislative process and work in solidarity with First Nations organizations
for amendments aimed at ensuring that outstanding specific claims
are dealt with more efficiently, fairly and justly.
Background
KAIROS: Canadian Ecumenical Justice Initiatives is a national
organization that continues the work of the former Aboriginal Rights
Coalition, along with the justice work of ten other previously independent
ecumenical coalitions. KAIROS is formed by the Anglican Church of
Canada, Canadian Catholic Organization for Development and Peace,
Canadian Conference of Catholic Bishops: Social Affairs Commission,
Canadian Religious Conference, Christian Reformed Church in North
America, Mennonite Central Committee of Canada, Evangelical Lutheran
Church in Canada, Presbyterian Church in Canada, Primate's World
Relief and Development Fund, Religious Society of Friends (Quakers)
and the United Church of Canada.
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