This page has been archived.
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
The ISCC is currently comprised of a part-time Chief Commissioner and four part-time Commissioners. There are two vacant Commissioner positions. The Commissioners are supported by Commission staff, headed by an Executive Director. The Management Committee includes the Executive Director, Commission Counsel, Director of Liaison, Director of Mediation, and Director of Corporate Services.
2007-2008
|
||||
($ thousands) |
Budgetary
|
|||
Program Activity | Operating | Gross |
Total Main Estimates |
Total Planned Spending |
Strategic Outcome: Achievement of all Government of Canada outcomes | ||||
Conduct inquiries and provide mediation services | $6,800.0 | $6,800.0 | $6,800.0 | $6,800.0 |
The Commission’s strategic outcome contributes to all of the Government of Canada outcomes. In this regard, resolution of Indian specific claims often provides greater certainty over lands and resources, enhancing economic opportunities for First Nations, and contributing to strong economic growth. Resolution of Indian specific claims can result in improved relations between governments, First Nations and their neighbouring communities, fostering safer and more secure communities. Improved relations also support Canada’s efforts to achieve a strong and mutually beneficial North American partnership.
($ thousands) |
Forecast Spending 2006-07* |
Planned Spending 2007-08
|
Planned Spending 2008-09
|
Planned Spending 2009-10
|
Conduct inquiries and provide mediation services |
5,572.0
|
6,733.0
|
--
|
--
|
Total Main Estimates |
5,572.0
|
6,733.0
|
--
|
--
|
Adjustments: Supplementary Estimates
Funding to continue the operations of the ISCC Operating funding - Inquiries workload increase Treasury Board Vote 15 Salary increases resulting from collective bargaining agreements |
1,093.0
20.0
72.0 |
--
--
67.0 |
--
--
-- |
--
--
--
|
Total Adjustments |
1,185.0
|
67.0
|
--
|
--
|
Total Planned Spending |
6,757.0
|
6,800.0
|
--
|
--
|
Total Planned Spending |
6,757.0
|
6,800.0
|
--
|
--
|
Plus: Cost of services received without charge |
676.0
|
667.0
|
--
|
--
|
Total Commission Spending |
7,433.0
|
7,467.0
|
--
|
--
|
Full-time Equivalents |
45
|
49
|
--
|
--
|
* Reflects the best forecast of total net planned spending to the end of the fiscal year.
The increase of $34 thousand for 2007-2008 Total Planned Spending is mainly attributed to the increase for compensation for collective bargaining agreements signed by July 31, 2006.
The ISCC does not operate any transfer payment grant and contribution programs. All of the ISCC’s funds are used to meet its operating costs. Slightly more than three-quarters of the budget is used to meet the costs of salaries, benefits and professional and special services. The balance of the budget is used to meet the costs of transportation to hold inquiries and mediation in First Nation communities, financial and administrative services, accommodation, and office equipment and supplies. This spending supports the work of the Commissioners and staff concerning the 37 inquiries and 27 mediations currently before the ISCC.
($ thousands) | |||
Vote or Statutory Item
|
Truncated Vote or Statutory Wording |
Main Estimates 2007-2008
|
Main Estimates 2006-2007
|
50
|
Program expenditures |
6,136.0
|
5,043.0
|
(S)
|
Contributions to employee benefit plans |
597.0
|
529.0
|
Total Commission |
6,733.0
|
5,572.0
|
The increase of $1.2 million between the 2007-2008 and the 2006-2007 Main Estimates represents the funding received through the 2006-2007 Supplementary Estimates (A), and that amount was for conducting regular operations of the Commission. In conclusion, the amount approved in 2006-2007 in Main Estimates and Supplementary Estimates equal Main Estimates of 2007-2008.
($ thousands) |
2007-2008
|
Accommodation provided by Public Works and Government Services Canada |
441.0
|
Contributions covering employer's share of employees’ insurance premiums and expenditures paid by Treasury Board of Canada Secretariat |
226.0
|
Total 2007-2008 Services Received Without Charge |
667.0
|
2007-2008
|
||
($ thousands) |
Conduct inquiries and provide mediation services
|
Total Planned Spending
|
Commissioners’ Office |
707.0
|
707.0
|
Executive Office |
360.0
|
360.0
|
Liaison |
365.0
|
365.0
|
Legal and Research |
2,137.0
|
2,137.0
|
Mediation |
1,009.0
|
1,009.0
|
Corporate Services |
2,222.0
|
2,222.0
|
Total |
6,800.0
|
6,800.0
|
The organizational units of the Commission are not structured into Branches or Sectors.
To depict the relationships between the program inputs, results and outcomes, the following vertically aligned presentation displays the logic of the program design for the ISCC’s strategic outcome of “Fair resolution of Indian specific claims.” Accountability for the activities, results and outcomes resides with the Chief Commissioner.
Long-term: Inquire into specific land claims under appropriate circumstances; provide mediation and facilitation services for specific claims.
Intermediate: Address specific claims on request.
Immediate: Enhanced relationship between the First Nations and the government. Alternatives to litigation are available.
Reports of inquiry and of mediation and other related reports; mediated or facilitated specific claims settlement agreements; improved public understanding of specific claims.
Inquiries: research and document; receive and exchange information; conduct inquiries; deliberate, prepare and issue reports.
Mediation: develop negotiation plans; facilitate meetings and communications; help define the issues; develop and propose innovative solutions to resolve the issues; and foster harmonious relationships between the parties.
Public information: issue reports; maintain website.
The Commission operates at arms-length and is independent from government. It is a commission of inquiry offering to First Nations a process, other than litigation, to inquire into specific claims that have been examined and rejected by the Minister of DIAND, or when the First Nation disputes the compensation criteria established by the Minister for that particular claim.
In this regard, it is important to note that the Commission does not operate as a court and is not, therefore, bound by the strict rules of evidence, the limitation periods in which claims can be brought nor other technical defences that might present obstacles to resolving the First Nation’s claim against the Crown. This flexibility enhances the Commission’s ability to conduct itsinquiries in a fair and impartial manner in order to expedite the process of making recommendations to the Minister of DIAND regarding a First Nation’s specific claim or objection to the compensation criteria. This process fosters the development and implementation of innovative solutions that can resolve complex and contentious issues of policy and law related to Indian specific claims.
A specific claim starts with a First Nation that has researched its claim and submitted it to the Minister of DIAND together with any supporting documentation. DIAND’S Specific Claim Branch performs its own research and, with the involvement of the Department of Justice, assesses the merits of the claim to determine if the claim establishes an outstanding lawful obligation on the part of the government, as defined in the Specific Claims Policy. If the federal government does not believe it has an outstanding lawful obligation, the First Nation’s claim is denied and the Minister of DIAND informs the First Nation that it will not negotiate settlement of the claim. In this instance, apart from accepting the decision of the Minister, the First Nation has two options that it can pursue; it can seek a remedy from the appropriate court, or it can request the Commission to conduct an inquiry.
There are five stages to the Commission’s inquiry process:
These five stages typically take between two to five years to complete depending on the number and complexity of the parties involved and of the issues being considered.
The Commission’s terms of reference also permit it to prepare reports, from time to time, that the Commissioners consider are required in respect of the Commission’s activities and the activities of the Government of Canada and the Indian band(s) relating to specific claims.
At the request of either Canada or the First Nation and with the consent of both, the Commission can provide or arrange for mediation assistance at any stage of the claims process. Depending on the nature of the claim, the Commission offers a broad range of alternative dispute resolution services tailored to suit the particular needs of the parties. The Indian Specific Claims Commission provides facilitative mediation services that are culturally sensitive, informal, nonthreatening, and flexible. Together with the mediator, the parties decide how the mediation process will be conducted.
There are four steps in the Commission’s mediation process:
Indian Specific Claims Commission
P.O. Box 1750, Station B
Ottawa, Ontario
K1P 1A2
Telephone: 613-943-2737
Facsimile: 613-943-0157
T.T.Y: 613-943-3772
Internet: http://www.indianclaims.ca
E-mail: feedback@indianclaims.ca