Timeframe too short to refresh claims ­ chief

Indian and Northern Affairs Canada (INAC) contends that a six-month window given to First Nations to "refresh" their specific claims for disputed reserve lands is a "fair offering," but the Union of British Columbia Indian Chiefs (UBCIC) insists that the "arbitrary" timeline is not long enough.
In an open letter sent to INAC Minister Chuck Strahl, UBCIC Grand Chief Stewart Phillip called the six-month deadline "unreasonable, unfair, and unworkable, and it is contrary to the spirit of the "Justice at Last" initiative which promises to 'help restore confidence in the integrity and effectiveness of the process to resolve specific claims'."
Ralph Brant, director general of the specific claims branch of INAC, said the only negative response to the timeline, which was announced in letters mailed out in late November 2008 to 292 First Nations with claims in assessment, was received through Phillip's open letter.
Brant notes that First Nations are not obligated to update their claims and he adds that the majority of First Nations he's received feedback from are remaining with their original claims.
Brant points out that INAC, in consultation with the Assembly of First Nations, recognized that claims had been sitting on average seven or eight years to be considered and with the changing legal landscape and the possibility of new evidence coming forward in that period of time, it was thought beneficial to allow First Nations to be given time to resubmit their claims.
"We thought we were being fair by offering them an opportunity to refresh that claim," said Brant.
There are presently 535 claims that are eligible for resubmission. Under the Specific Claims Tribunal Act, which was passed into law in mid-October of last year, the government has three years to give a response to the present claims (as of the date the legislation came into effect). For any new claim, that three-year timeline kicks in from the date those claims are received. After claims are deemed to have met the requirements, the government has a further three years to negotiate a settlement. If a settlement cannot be negotiated in that time, then the claim goes to the Specific Claims Tribunal. Justices for that tribunal have yet to be chosen and rules and regulations have yet to be established.
The six months given to update the claims is not part of the legislation.
"If we want to incorporate revisions, such as changes in the legal landscape or new information, we can't do it within the six-month time frame," said Phillip.
He said the council didn't become aware of the timeframe until member First Nations started calling the office with letters they had received from INAC. And by the time those calls were made, anywhere from one to two months of that timeline had already slipped by.
The issue of revision is particularly important to First Nations in British Columbia, points out Phillip, as close to one-third of the 660 First Nations in Canada are in B.C. and the majority of the larger land claims come from BC First Nations.
"If we choose not to make amendments then we suffer the consequences, because the only reason to amend a claim is to take advantage of new evidence or changes in the legal landscape that would buttress your claim," said Phillip.
Brant agrees that First Nations would want to put forward the best claim possible and notes that the federal government would be "prepared to discuss" with any First Nation a situation where they find that six months is not sufficient time to refresh their claim.
Phillip contends that the six-month time frame established by INAC is a means to "dispense with these claims as expeditiously as possible. (The government) is not concerned with just resolution."
Brant anticipates a number of the outstanding claims in assessment to be bundled for consideration and others to be surrender claims, which will go to the Department of Justice for legal opinion.
Presently there are 140 claims in negotiation. The legislation sets a cap of $150 million per settlement. It has a 10-year budget of $250 million annually.
"The budget is ludicrous. Quite often specific claims settlements are in the neighborhood of $100 million," said Phillip.