The resolution of Specific Cliams requires claimants to follow a particular process which is characterized by two main branches: 1) the assessment of claims by Canada (via the Specific Claims Tribunal), and 2) the negotiation of settlements.
In 2009, the federal government published a Specific Claims Policy and Process Guide outlining the developments made to the Specific Claims process in light of two earlier federal government publications which called for changes to the Specific Claims process: 1) Outstanding Business: A Native Claims Policy, and 2) Justice at Last: Specific Claims Action Plan.
In particular, the 2009 Guide outlines changes to the Specific Claims Process after the introduction of the Specific Claims Tribunal Act, which came into force on October 16, 2008, and the concomitant creation of the independent adjudicative body known as the Specific Claims Tribunal.
Despite the reforms made to the Specific Claims process, a five year review of the Specific Claims Action Plan: “Justice at Last” submitted by the Assembly of First Nations in 2012 identified many issues with the current Specific Claims process. The government continues to struggle finding approaches to fulfil the commitments it made in Justice at Last.
In 2007, the federal government issued its “Justice At Last” report, which called for an independent adjudicative body to resolve Specific Claims. In 2008, the Specific Claims Tribunal Act was developed in partnership between the Assembly of First Nations and Canada, which created a specialized tribunal for First Nations to bring the vast majority of specific claims that were not resolved through negotiation, for independent, binding, and final adjudication.
In accordance with requirements for legislative review under the Specific Claims Tribunal Act, the Assembly of First Nations established an independent Expert Panel to hold hearings and receive contributions for the development of recommendations to improve the Specific Claims process.
The video below is a summary of “Assembly of First Nations Specific Claims Review: Expert Based – Peoples Driven,” streamed live on 26 Mar 2015 (original video here), with expert panel members: Bryan Schwartz, Robert Winogron, and Delia Opekokew (chair). Note that not all presentations from the original video are included in this video.
Read the Assembly of First Nations Independent Expert Panel Report resulting from this conference, published on May 15, 2015 here.
TABLE OF CONTENTS (click on the timestamp and then play the video):
00:00:00 - SPEAKER: National Chief Perry Bellegarde, Assembly of First Nations. DISCUSSION POINT: Timeline of the Specific Claims Tribunal.
00:07:53 - SPEAKER: Expert panel member (chair) Delia Opekokew. DISCUSSION POINT: Mandate of the expert panel.
00:08:43 - SPEAKER: Presenter Jerome Slavik. DISCUSSION POINT: Promises made in “Justice at Last” are not being fulfilled.
00:20:38 - SPEAKER: Presenter Jerome Slavik. DISCUSSION POINT: Question from Bryan Schwartz.
00:23:00 - SPEAKER: Presenter Jerome Slavik. DISCUSSION POINT: Question from Robert Winogron.
00:25:05 - SPEAKER: Presenter Ron Maurice. DISCUSSION POINT: The Specific Claims Tribunal must be enhanced to deal with more claims in a more efficient manner.
00:45:28 - SPEAKER: Presenter Ron Maurice. DISCUSSION POINT: Question from Bryan Schwartz.
00:47:25 - SPEAKER: Presenter Leah Pence. DISCUSSION POINT: Experience of the Williams Lake Indian Band at the Specific Claims Tribunal: Claim SCT-7004-11.
01:06:05 - SPEAKER: Presenters Grand Chief Stewart Phillip, Jody Woods, and Leah Pence. DISCUSSION POINT: The right to be heard – a principles based review of the Specific Claims Tribunal Act.
01:31:55 - SPEAKER: Presenters Grand Chief Stewart Phillip, Jody Woods, and Leah Pence. DISCUSSION POINT: Comments from Bryan Schwartz.
01:34:52 - SPEAKER: Presenters Grand Chief Stewart Phillip, Jody Woods, and Leah Pence. DISCUSSION POINT: Question from Robert Winogron.
01:36:10 - SPEAKER: Presenter Chief Judy Wilson. DISCUSSION POINT: Submissions from the Neskonlith Indian Band.
01:41:58 - SPEAKER: Presenter Chief Judy Wilson. DISCUSSION POINT: Question from Bryan Schwartz.
01:42:29 - SPEAKER: Presenter Chief Ted Roque. DISCUSSION POINT: Submissions from the Wahnapitae First Nation.
01:46:58 - SPEAKER: Presenter Chief Ted Roque. DISCUSSION POINT: Question from Delia Opekokew.
01:48:43 - SPEAKER: Presenter Chief Ted Roque. DISCUSSION POINT: Question from Robert Winogron.
01:49:38 - SPEAKER: Presenter Chief Ted Roque. DISCUSSION POINT: Question from Bryan Schwartz.
01:50:36 - SPEAKER: Presenter Chief Marjorie McRae. DISCUSSION POINT: Submissions from the Gitanmaax Band.
02:05:17 - SPEAKER: Presenter Chief Marjorie McRae. DISCUSSION POINT: Question from Bryan Schwartz.
02:05:57 - SPEAKER: Presenter Don Colborne. DISCUSSION POINT: Submissions from Big Grassy First Nation.
02:26:05 - SPEAKER: Presenter Don Colborne. DISCUSSION POINT: Question from Bryan Schwartz.
02:26:59 - SPEAKER: Presenter Don Colborne. DISCUSSION POINT: Question from Robert Winogron.
02:28:09 - SPEAKER: Presenter David Knoll. DISCUSSION POINT: General issues with the Specific Claims review process.
02:43:40 - SPEAKER: Presenter David Knoll. DISCUSSION POINT: Question from Robert Winogron.
02:45:10 - SPEAKER: Presenter David Knoll. DISCUSSION POINT: Questions from Bryan Schwartz.
02:51:54 - SPEAKER: Presenter Hugh Braker. DISCUSSION POINT: Submission from the Tseshaht First Nation.
03:07:12 - SPEAKER: Presenter Pauline Douglas. DISCUSSION POINT: Negotiation of “Small Value Claims”: The Nlaka’pamux Nation Tribal Council Perspective.
03:12:35 - SPEAKER: Presenter Pauline Douglas. DISCUSSION POINT: Question from Bryan Schwartz.
03:14:10 - SPEAKER: Presenter Darwin Hanna. DISCUSSION POINT: General issues with the Specific Claims review process.
03:24:00 - SPEAKER: Presenter Darwin Hanna. DISCUSSION POINT: Questions from Bryan Schwartz.
03:26:37 - SPEAKER: Presenters Jim BigPlume and Alexa McClaren. DISCUSSION POINT: Submissions from the Tsuut’ina First Nation.
03:38:03 - SPEAKER: Expert panel member Bryan Schwartz. DISCUSSION POINT: Closing remarks from the expert panel.
03:42:52 - SPEAKER: Expert panel member Robert Winogron. DISCUSSION POINT: Closing remarks from the expert panel.