Moving Towards a Fully Independent Specific Claims Process

1. Specific Claims Presented by: Jayme Benson Date Prepared: April 25, 2019

2. Background • First Nations have been consistently critical of Canada’s Specific Claims policy. • The process places Canada in a conflict of interest: It is the judge, juror, and defendant. • There have been numerous studies, working groups, and reform efforts, resulting in over 50 separate calls for a fully independent specific claims process. Date Prepared: April 25, 2019

3. Key Studies, Reports, and Reforms moving towards independence • The Penner Report (1983) • The Specific Claims Joint Working Group Report (1993) • Royal Commission on Aboriginal People (1996) • Report of the Joint First Nations – Canada Task Force (1998) • Negotiation or Confrontation: It’s Canada’s Choice (2006) • Justice at Last: A Specific Claims Action Plan (2007) • Specific Claims Tribunal of Canada Submission (2015) • Specific Claims Review: Expert Based – People Driven (2015) • Recommendations for AFN-Canada Joint Process on Specific Claims Policy Reform (2017) Date Prepared: April 25, 2019

4. Existing Process - 1 • Developed out of the Five-year review of Specific Claims Tribunal Act (2015) and Office of the Auditor General Report on Specific Claims (2016). • Demonstrates Canada’s failure to live up to the commitments made under “Justice at Last”. • Minister Bennett committed to working with First Nations and the Assembly of First Nations (AFN) to address their concerns (2016). Date Prepared: April 25, 2019

5. Existing Process - 2 • AFN-Canada Joint Technical Working Group was created (2016) with a mandate to develop recommendations. • AFN hosted two National Dialogue Sessions (2017) • First Nations no longer interested in policy tweaks designed to address poor operational practices • Desire for fundamental change – A full independent specific claims process Date Prepared: April 25, 2019

6. Existing Process - 3 • Resolution 91/2017 calls on the AFN to “jointly develop a fully independent specific claims process with the goal of achieving the just resolution of Canada’s outstanding lawful obligations through good faith negotiations”. Date Prepared: April 25, 2019

7. Existing Process - 4 • In late 2017 the Joint Technical Working Group developed instructions to inform a Memorandum to Cabinet seeking: • Interim changes to the specific claims policy • A federal mandate to engage on a fully independent specific claims process • Funding to support a First Nations led engagement process Date Prepared: April 25, 2019

8. Existing Process - 5 • No funding was included in the 2019 federal budget to support engagement. • Federal officials have told the AFN they are committed to providing funding to support engagement in 2019. • AFN representatives on the Joint Technical Working Group are unwilling to continue meeting with Canada in the absence of a solid budget commitment. Date Prepared: April 25, 2019

9. Mandates • Resolution 91/2017 “Support for a fully independent specific claims process” • United Nations Declaration on the Rights of Indigenous Peoples: • Articles 26, 27, and 28 Date Prepared: April 25, 2019

10. Next Steps • AFN requires a budget commitment from Canada to support First Nations led engagement processes toward fully independent processes. • Once funding is approved, AFN will begin working with AFN regions to ensure the full participation of First Nations. Date Prepared: April 25, 2019