Despite receiving very limited funding, Saskatchewan First Nations have been the most successful in Canada in resolving their outstanding specific claims under the federal government’s present system. The first major settlement under the current policy was White Bear in 1986. Since that time, almost half the settlement dollars provided for specific claims settlements in Canada have come to Saskatchewan. The resolution of these claims has resulted in much needed economic development for these First Nations, and returned land and resources that were rightfully theirs. Currently Saskatchewan has over 140 active specific claims with new claims continually being developed.

The Indian Rights and Treaties Research Programme (IRTRP) assists Saskatchewan First Nations in all stages – from the claims process and the development of claims, through to negotiation and settlement. In August, each First Nation in the Province was asked to submit proposals for work on new claim submissions. In October, the Lands and Resources Commission’s Claims Advisory Committee met and set the IRTRP work plan for the coming year.

There are a number of claims in negotiation in the Province. Saskatchewan First Nations led by Gordons, Muskoday, Pasqua and Sturgeon Lake, working closely with FSIN, won a significant victory in Treaty Land Entitlement (TLE) negotiations. Canada conceded that these First Nations should be treated the same as those that settled under the 1992 Framework Agreement when it comes to determining who is eligible for count in determining shortfall. This will positively affect all future TLE claims negotiated in the Province.

Saskatchewan First Nations also have a number of claims in inquiry with the Indian Claims Commission (ICC). In 2004 the ICC recommended that the Peepeekisis File Hills Colony claim be accepted for negotiation. This First Nation is still waiting for Canada to respond. More recently, ICC recommended that the Chakastapaysin and Peter Chapman claims be negotiated. The FSIN continues to assist Saskatchewan First Nations with these claims.

To date Saskatchewan has been the most successful region of the country in settling outstanding specific claims yet there still remains many unresolved claims because of the unique history of the way the government dealt with First Nations in the Province.

Saskatchewan First Nations have been leaders in the call for reform to the current claims process. They have sought an independent process to address Specific Claims because Canada is in a conflict of interest in judging claims against itself. Recently, First Nations have been frustrated by the slow pace of claims settlement under the current policy and the inherent unfairness of the system.

The November 1998 recommendations by the Joint Task Force on Claims Reform included draft legislation that would have created an independent body to address specific claims. This draft legislation was jointly developed by First Nations representatives, and representatives from the Departments of Justice and Indian Affairs. It would have created an independent body consisting of two parts: a Commission to facilitate the negotiation of claims; and a Tribunal that could make binding decisions when negotiations failed. The Joint Task Force report was endorsed by the Chiefs of Saskatchewan as the best way to achieve a fair claims process.

Bill C-6 An Act to Establish the Canadian Centre for Independent Resolution of First Nation Specific Claims

In June of 2002, the Federal Government introduced Bill C-60, which is now known as C-6. Although the Bill set up a Commission and Tribunal, in key areas there were significant changes from the Joint Task Force draft legislation. These changes were made unilaterally by the Federal Government with no consultation with First Nations.

After careful legal and technical analysis by the Federation of Saskatchewan Indian Nations (FSIN), Assembly of First Nations (AFN) and other First Nations, First Nations across Canada agreed that this Bill had significant shortcomings. It would not create a system that was more transparent, efficient, or fair. It would not remove the conflict of interest of having Canada judge claims against itself. In some ways it was a step backwards from the current policy and process.

There were four areas that were identified as being the most problematic:

1. The Bill Limits access to the Tribunal to claims under $10 million both for determining validity and compensation. There would not even be access to non-binding recommendations for claims over $10 million, which leaves no option for claims over the cap that cannot be settled through negotiation, other than litigation. Currently all claims, regardless of size, can ask for a non-binding recommendation by the Indian Claims Commission. This option disappears under the Bill. At the very least all claims should have access to the Tribunal for validation purposes.

2. The Bill allows the Federal Government to indefinitely delay responding to First Nations claims. This is one of the most significant problems of the current system. Interest and costs count towards the cap on the Tribunal, so the Federal Government is actually rewarded for delay.

3. The Bill does not allow for independent appointments. All appointments and renewals will be made by the cabinet, solely on the Minister’s recommendation.

4. The Bill Narrows the definition of a Specific Claim even from that of the current policy. Bill C-6 would exclude obligations arising under treaties or agreements that do not deal with land and assets, as well as unilateral federal undertakings to provide lands or assets.

The FSIN and other First Nations’ representatives from across Canada appeared before the House of Commons Standing Committee on Aboriginal Affairs. First Nations were unanimous concerning the shortcomings of the Bill. The Federal opposition parties proposed over fifty amendments at the Common’s Committee stage. These amendments were supported by all the opposition parties including the NDP, the PC, the Bloc, and the Alliance and, had they passed, it would have resulted in a significantly improved Bill. The Liberals on the Committee, with one Liberal breaking ranks and voting with the opposition on many amendments, voted these amendments down.

At the Senate Committee on Aboriginal Peoples, First Nations across the country, including the FSIN, again appeared and expressed concerns about the Bill. The AFN proposed that the Government return to joint negotiations to improve the Bill. The FSIN endorsed this position, but also put forward amendments that would have addressed the most serious shortcomings. These amendments were not passed. Instead the Senate Committee passed a few amendments that “tinkered” with the legislation, but did not address the serious shortcomings. The most significant of these was to raise the cap on the Tribunal to $10 million and to legislate some consultation with First Nations on appointments, which however still remain entirely in the hands of Government.

Bill C-6 was passed into law November 2003. It received Royal Assent, but was not proclaimed into force.

Fixing C-6:

The Chiefs of Saskatchewan took the position that the Bill should be amended before it was brought into force. At the February of 2004 FSIN assembly, the Chiefs of Saskatchewan passed a resolution calling for Bill C-6 not to be proclaimed into law, but for the Government to return to joint negotiations with First Nations representatives to amend the Bill before it became law. This position was endorsed by the Assembly of First Nations. In February of 2005 the FSIN Assembly passed a second resolution calling for Minister Scott and National Chief Fontaine to
make improving Bill C-6 a priority.

FSIN Vice Chief Delbert Wapass is a member of the Chiefs’ Committee on Claims. This Committee held a conference call on June 2, 2005 in which the AFN provided an update on developments related to Bill C-6. Discussions had taken place between the Minister and the National Chief on claims reform in a meeting held in May. The Chiefs’ Committee on Claims was told that the Minister would approach his cabinet colleagues about the possibility of amending Bill C-6. He was also looking into ways where the Bill could be improved irrespective of amendments. The AFN technical people met with technicians from Indian and Northern Affairs Canada and the Department of Justice and a joint document was prepared identifying seven outstanding issues which was presented to the Minister. The package also included the proposed amendments by FSIN.

In a surprise announcement in late September 2005, Minister Andy Scott announced that the federal government will not be implementing Bill C-6. There was no indication that any other process would be put in place to achieve claims reform despite over a decade of work and considerable expense.

The FSIN is calling on the AFN Chiefs Committee on Claims to pressure the Minister of Indian Affairs to outline the Government’s intention with respect to claims reform through a formal response from Minister Scott.