| The establishment of the Canadian Centre for the Independent Resolution of First Nations Specific Claims (the Centre) is provided for by the Specific Claims Resolution Act which received Royal Assent on 7 November 2003. The Centre is to replace the existing advisory body (the Indian Claims Commission (ICC)) in facilitating the negotiation and resolution of specific claims settlements. The Centre will be composed of a Chief Executive Officer and two divisions — a Commission (to facilitate negotiations) and a Tribunal (to resolve disputes).
The Commission will assist the parties to a specific claim by drawing on a comprehensive range of dispute resolution processes. All parties to specific claims will have access to the services of the Commission irrespective of the value of the claim. The Commission will be responsible for receiving and registering new claims, and administering research and negotiating loan funding (presently conducted by Indian and Northern Affairs Canada).
The adjudicative Tribunal will be available to First Nations as a last resort in cases where a resolution cannot be achieved. It will make decisions as to the validity of claims and regarding compensation of claims up to a maximum of ten million dollars (Canadian).
The Centre will assume the responsibilities of the ICC although there will be some key differences in its operation. Unlike the ICC, the Centre is to be a permanent body which will receive and register all new specific claims, and is mandated to make binding decisions on claims. |
