Feds, Assembly of First Nations move forward on reforming process to resolve historical grievances

The Assembly of First Nations (AFN) and the federal government are moving forward with steps to improve how historical grievances are resolved.

A working group launched earlier this month to develop options for consideration by the federal cabinet to reform the process, including addressing the government's conflict of interest in the management of specific claims by establishing a consensus-based independent centre to review claims.

"The immediate need is to remedy that, is to create an independent process that is completely separate from the federal government," said AFN Nova Scotia/Newfoundland Regional Chief Paul Prosper.

"The work has only begun and there are still some tough discussions ahead of us."

Specific claims deal with breaches of the Crown's legal obligations relating to treaties, the administration of lands and resources, and First Nations trusts. Currently, there are 318 specific claims in active negotiation and 173 still under assessment. 

The Specific Claims Tribunal, an independent adjudicative body aimed at accelerating the resolution of claims, was established in 2008 as a part of the federal government's Justice at Last policy and joint initiative with the Assembly of First Nations.

It's used when claims have not been accepted for negotiation within three years, or could not be resolved through a negotiated settlement within three years. However, the tribunal or the commission currently has a cap of rewarding a $150 million in compensation for claims.

Prosper said while there have been improvements made over the years to the specific claims process, there still exists a significant involvement from the federal government when it comes to the management and funding of research into claims.

The centre wouldn't replace the tribunal, he said, but rather be a preliminary process used to help administer the management of claims. 

First Nations have long advocated for an independent process, as the federal government is the defendant in claims yet controls funding, the review and acceptance of claims, and access to negotiations and evidence.

"They are the judge, jury and executioner," said Ratitsénhaienhs (Chief) Mike Delisle Jr., from Kahnawake, south of Montreal.

"For Justice Canada to be the go-to in terms of validating whether the claim is legitimate or not is obviously a conflict of interest."

Delisle worked on the Mohawk Council of Kahnawake's 300-plus year-old land grievance of the Seigneury of Sault St. Louis for over two decades. The federal government agreed to negotiate the grievance under Canada's Specifics Claims process in 2003 but there's been little progress in recent years.

Delisle said he'd like to see a more streamlined process that moves at an "adequate" pace including one that prioritizes the return of land.