Federal Legislation On Independent Tribunal For Native Claims

Yesterday, the federal government introduced the Specific Claims Tribunal Act in the House of Commons.

The new legislation will create an independent tribunal made up of superior court judges to help resolve the "specific claims" of First Nations.

"Specific claims" refer to outstanding grievances that First Nations may have regarding Canada’s fulfilment of its obligations under historic treaties or its administration of First Nation lands or other assets under the Indian Act.

Negotiations will continue to be the first choice to resolve claims, but the proposed tribunal would have the power to make binding decisions on claims that have been rejected for negotiation, when negotiations fail or after three years of unsuccessful negotiations.

The independent tribunal would be made up of the equivalent of six full-time sitting superior court judges.

I provided background on the issue of unresolved specific claims in my Library Boy post of June 13, 2007 entitled Federal Government Proposes Special Tribunal to Settle Aboriginal Claims.