All five commissioners of the Indian Claims Commission have sent a letter of resignation to the federal government, accusing Ottawa of ignoring their recommendations and moving too slowly in settling land claims.
“Frustrations have been occurring because of the federal government’s lack of response,” said Dan Belgard, the commission’s co-chair and Vice-Chief of the Federation of Saskatchewan Indian Nations.
“We feel as commissioners that we should be given a greater mandate or they should rap it up.”
In the last five years, the commission has seen most of its recommendations turned down by Ottawa. Of 18 land claims examined, Canada did not accept the commission’s recommendation in 12 cases, often with little or no explanation.
In one case, the commission found that Canada had violated the rights of Canoe Lake and Cold Lake, two First Nations in Northern Alberta and Saskatchewan. Band members were “abruptly expelled from the majority of their traditional hunting, trapping and fishing territories in 1954 when an air weapons range was created (on their land),” said the commission.
“The inquiry produced compelling testimony of economic, social and cultural devastation which resulted from this breach, with a corresponding failure to adequately compensate and rehabilitate band members for their losses.”
The commission recommended that Ottawa enter negotiations with the two First Nations. It took 18 months before there was a response. Without providing any explanation, Ottawa said it believed there was no breach of treaty or other obligations. But in light of the “unusually severe impacts” of the bombing range, Canada said it would talk compensation. And this is one of the better cases.
The commission examined only “specific” land claims—claims by a First Nation that Ottawa has violated its treaty or fiduciary rights. Indian Affairs says 350 specific claims are outstanding, of which only 109 are actually in negotiations.
The AFN and feds have been negotiating since the Oka Crisis to come up with a better way to handle land claims, but are still deadlocked.